CONSTITUTION 

of the 

STATE OF INDIANA 

and of the 

UNITED STATES 


Issued by the 

Legislative Reference Bureau 
Room 335, State House 
Indianapolis, Indiana 





w C L\ 2. TjA > , L e>v^ jl t L \\l i o-n , 

CONSTITUTION 

of the 

STATE OF INDIANA 

and of the 

UNITED STATES 


Issued by the 

Legislative Reference Bureau 


Room 335, State House 
Indianapolis, Indiana 



INDIANAPOLIS: 

WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BINDING 

1922 



~ubrary of congress 

RECEIVED ■ 

OCT l 1 ?1922 j 

DOCUMENTS O’V i •• ( 








Constitution of Indiana, 185 V 


1S51 


PREAMBLE. 

To the end that justice be established, public order main¬ 
tained, and liberty perpetuated: We, the people of the 
State of Indiana, grateful to Almighty God for the free 
exercise of the right to choose our own form of govern¬ 
ment, do ordain this Constitution. 

ARTICLE 1. 

BILL OF RIGHTS. 

Section 1. We declare, that all men are created equal; 
that they are endowed by their Creator with certain un¬ 
alienable rights; that among these are life, liberty and the 
pursuit of happiness; that all power is inherent in the 
People; and that all free governments are, and of right 
ought to be, founded on their authority, and instituted for 
their peace, safety, and well-being. For the advancement 
of these ends, the People have, at all times, an indefeasible 
right to alter and reform their government. 

Sec. 2. All men shall be secured in their natural right 
to worship Almighty God, according to the dictates of 
their own consciences. 

*The Constitution of Indiana was drafted by a convention which 
assembled at Indianapolis on October 7, 1850, and adjourned on Febru¬ 
ary 10, 1.851. The electors were afforded the opportunity of voting on 
the ratification or rejection of the Constitution as a whole and on 
Article XIII relative to negroes and mulattoes. At the election held 
on August 4, 1851, the Constitution as a whole was ratified by a vote 
of 82,564 to 26,755, and Article XIII was ratified by a vote of 88,910 to 
21,066. The Constitution became effective on November 1, 1851. 


(31 





4 


Sec. 3. No law shall, in any case whafever, control the 
free exercise and enjoyment of religious opinions, or inter¬ 
fere with the rights of conscience. 

Sec. 4. No preference shall be given, by law, to any 
creed, religious society, or mode of worship; and no man 
shall be compelled to attend, erect, or support, any place 
of worship, or to maintain any ministry, against his con¬ 
sent. 

Sec. 5. No religious test shall be required, as a qualifi¬ 
cation for any office of trust or profit. 

Sec. 6. No money shall be drawn, from the treasury, 
for the benefit of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a 
witness, in consequence of his opinion on matters of 
religion. 

Sec. 8. The mode of administering an oath or affirma¬ 
tion, shall be such as may be most consistent with, and 
binding upon, the conscience of the person, to whom such 
oath or affirmation may be administered. 

Sec. 9. No law shall be passed, restraining the free 
interchange of thought and opinion, or restricting the 
right to speak, write, or print, freely, on any subject what¬ 
ever; but for the abuse of that right, every person shall 
be responsible. 

Sec. 10. In all prosecutions for libel, the truth of the 
matters alleged to be libelous may be given in justification. 

Sec. 11. The right of the people to be secured in their 
persons, houses, papers, and effects, against unreasonable 
search or seizure, shall not be violated; and no warrant 
shall issue, but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be 
searched, and the person or thing to be seized. 


5 


Sec. 12. All courts shall be open; and every man, for 
injury done to him in his person, property, or reputation, 
shall have remedy by due course of law. Justice shall be 
administered freely, and without purchase; completely, 
and without denial; speedily, and without delay. 

Sec. 13. In all criminal prosecutions, the accused shall 
have the right to a public trial, by an impartial jury, in 
the county in which the offense shall have been committed; 
to be heard by himself and counsel; to demand the nature 
and cause of the accusation against him, and to have a 
copy thereof; to meet the witnesses face to face, and to 
have compulsory process for obtaining witnesses in his 
favor. 

Sec. 14. No person shall be put in jeopardy twice for 
the same offense. No person, in any criminal prosecution, 
shall be compelled to testify against himself. 

Sec. 15. No person, arrested or confined in jail, shall 
be treated with unnecessary rigor. 

Sec. 16. Excessive bail shall not be required. Excess¬ 
ive fines shall not be imposed. Cruel and unusual punish¬ 
ment shall not be inflicted. All penalties shall be propor¬ 
tioned to the nature of the offense. 

Sec. 17. Offenses, other than murder or treason, shall 
be bailable by sufficient sureties. Murder or treason shall 
not be bailable when the proof is evident, or the presump 
tion strong. 

% 

Sec. 18. The penal code shall be founded on the prin 
ciples of reformation, and not of vindictive justice. 1 

Sec. 19. In all criminal cases whatever, the jury shall 
have the right to determine the law and the facts. 

1. The punishment of death is not in conflict with this section. 
Driskill v. State, 7 Ind. 338 ; Rice v. State, 7 Ind. 332. The inde¬ 
terminate sentence law is valid and is an attempt to carry out the 
mandate of this section. Miller v. State, 149 Ind. 607. 


2—20889 



c 


Sec. 20. In all civil cases, the right of trial by jury 
shall remain inviolate. 

Sec. 21. No man’s particular services shall be de¬ 
manded, without just compensation: No man’s property 
shall be taken by law, without just compensation; nor, ex¬ 
cept in case of the State, without such compensation first 
assessed and tendered. 

Sec. 22. The privilege of the debtor to enjoy the nec¬ 
essary comforts of life, shall be recognized by wholesome 
laws, exempting a reasonable amount of property from 
seizure or sale, for the payment of any debt or liability 
hereafter contracted; and there shall be no imprisonment 
for debt except in case of fraud. 2 

Sec. 23. The General Assembly shall not grant to any 
citizen, or class of citizens, privileges or immunities, which, 
upon the same terms, shall not equally belong to all 
citizens. 

Sec. 24. No ex post facto law, or law impairing the 
obligation of contracts, shall ever be passed. 3 

Sec. 25. No law shall be passed, the taking effect of 
which shall be made to depend upon any authority, except 
as provided in this Constitution. 4 

2. If a debtor practices fraud to avoid payment of a debt, he may 
be imprisoned. Baker v. State, 109 Ind. 47. A judgment against a 
husband for failure to support his wife is not a debt within the mean¬ 
ing of this section. Perry v. Pernet, 165 Ind. 67. 

3. An ex post facto law is one which makes an act unlawful which 
was lawful when committed, or which adds to the punishment for an 
act, or which increases the malignity of the crime, or renders a con¬ 
viction easier. Strong v. State, 1 Blkf. 193; Dinckerlocker v. Marsh, 
75 Ind. 548; Davis v. State, 152 Ind. 34. The phrase ex post facto 
relates to criminal laws only. Andrews v. Russell, 7 Blkf. 474 ; Pitts¬ 
burgh Ry. Co. v. Lightheiser, 168 Ind. 438. 

4. Laws can not be made to take effect upon a submission to a 
vote of the people. Maize v. State, 4 Ind. 342. But laws may be 
enacted which provide for the petition or vote by a certain number 



7 


Sec. 26. The operation of the laws shall never be sus¬ 
pended, except by the authority of the General Assembly. 

Sec. 27. The privileges of the writ of habeas corpus 
shall not be suspended, except in case of rebellion or in¬ 
vasion; and then, only if the public safety demand it. 

Sec. 28. Treason against the State shall consist only 
in levying war against it, and giving aid and comfort to 
its enemies. 

Sec. 29. No person shall be convicted of treason, except 
on the testimony of two witnesses to the same overt act, 
or upon his confession in open court. 

Sec. 30. No conviction shall work corruption of blood, 
or forfeiture of estate. 

Sec. 31. No law shall restrain any of the inhabitants 
of the State from assembling together, in a peaceable man¬ 
ner, to consult for their common good; nor from instruct¬ 
ing their representatives; nor from applying to the 
General Assembly for redress of grievances. 

Sec. 32.. The people shall have a right to bear arms, 
for the defense of themselves and the State. 6 

Sec. 33. The military shall be kept in strict subordina¬ 
tion to the civil power. 

Sec. 34. No soldier shall, in time'of peace, be quartered 
in any house, without the consent of the owner; nor, in 
time of war but in a manner to be prescribed by law. 

before the benefit of the law can be invoked. Thompson v. Peru, 29 
Ind. 305 ; Lafayette R. R. Co. v. Geiger, 34 Ind. 185 ; Groesch v. State, 
42 Ind. 547. Laws may be passed conferring on state boards the 
authority to issue rules which have the force of law. Isenhour v. 
State, 157 Ind. 517. 

5. Laws prohibiting the carrying of concealed weapons do not violate 
the provisions of this section giving the people the right to bear arms. 
McIntyre v. State, 170 Ind. 163. 



8 


Sec. 35. The General Assembly shall not grant any title 
of nobility, nor confer hereditary distinctions. 

Sec. 36. Emigration from the State shall not be pro¬ 
hibited. 

Sec. 37. There shall be neither slavery, nor involuntary 
servitude, within the State, otherwise than for the punish¬ 
ment of crime, whereof the party shall have been duly con¬ 
victed. No indenture of any Negro or Mulatto, made or 
executed out of the bounds of the State, shall be valid 
within the State. 6 


ARTICLE 2. 

SUFFRAGE AND ELECTION. 

Section 1 . All elections shall be free and equal. 

Sec. 2. In all elections not otherwise provided for by 
this Constitution, every citizen of the United States, of the 
age of twenty-one years and upwards, who shall have re¬ 
sided in the State during the six months, and in the town¬ 
ship sixty days, and in the ward or precinct thirty days 
immediately preceding such election, shall be-entitled to 
vote in the township or precinct where he or she may 
reside. 7 

6. For all practical purposes, this section is now obsolete. 

7. This section has been amended twice. The first amendment was 
proposed by the General Assembly of 1877, re-adopted by the General 
Assembly of 1879, and voted on at the township election of April 5, 
1880. The total number of votes cast at the township election was 
380,771 ; the total number of votes cast in favor of the amendment 
was 169,483, and the total number of votes cast against the amendment 
was 152,251. In State v. Swift, 69 Ind. 505, decided at the May term, 
1880, the Supreme Court held that the amendment had not been adopted 
because it had not received a majority of the votes cast at the election. 
Accordingly, the amendment was re-submitted to the voters at a special 
election held on March 14, 1881. There were 172,915 votes cast at 
the election, and 123,736 votes were cast in favor of the amendment 
and 45,975 votes were cast against it. On March 24, 1881, Governor 






9 


Sec. 3. No soldier, seaman, or marine, in the army or 
navy of the United States, or their allies, shall be deemed 
to have acquired a residence in this State, in consequence 
of having been stationed within the same; nor shall any 
such soldier, seaman, or marine, have the right to vote. 

Sec. 4. No person shall be deemed to have lost his resi¬ 
dence in the State by reason of his absence, either on busi¬ 
ness of this State or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of 
March 24, 1881.] * * * * * * * 8 

Albert G. Porter issued his proclamation declaring the amendment in 

force. The present amendment was proposed by the General Assembly 

of 1919, re-adopted by the General Assembly of 1921, and submitted to 

a vote of the people at a special election held on September 6, 1921. 
There were 218,698 votes cast at the election, and 130,242 votes were 
cast in favor of the amendment and 80,574 votes wei'e cast against it. 
On September 13, 1921, Governor Warren T. McCray issued his procla¬ 
mation declaring the amendment in force. As originally adopted, this 
section restricted the right of suffrage to white male citizens and pre¬ 
scribed a residence qualification of one year in the United States and 

6 months in the state. The amendment of 1881 struck out the word 
“white” and thus conferred the right of suffrage on male negro citi¬ 
zens ; and it also prescribed a residence qualification of 60 days in a 

township and 30 days in a ward or precinct, and it authorized the 
legislature to require voters to register. The amendment of 1921 con¬ 
ferred full suffrage on women, restricted the right to vote to native 
born or fully naturalized citizens, and eliminated the provision relative 
to the registration of voters. 

The legislature has no authority to change the qualifications of voters 
as fixed by the Constitution. Morris v. Powell, 125 Ind. 281 ; State v. 
Shanks, 178 Ind. 330. A primary election is not an “election” as con¬ 
templated in this section of the Constitution and accordingly additional 
qualifications for voters may be prescribed. Kelso v. Cook, 184 Ind. 173. 

8. As adopted in 1851, Sec. 5 provided that “No Negro or Mulatto 
shall have the right of suffrage.” The amendment which struck this 
section out of the Constitution was proposed by the General Assembly 
of 1877, re-adopted by the General Assembly of 1879, and voted on at 
the township election of April 5, 1S80. The total number of votes cast 
at the township election was 380,771 ; the total number of votes cast in 
favor of the amendment was 177,304, and the total number of votes 
cast against the amendment was 138,985. In State v. Swift, 69 Ind. 



10 


Sec. 6. Every person shall be disqualified from holding 
office, during the term for which he may have been elected, 
who shall have given or offered a bribe, threat, or reward, 
to procure his election. 

Sec. 7. Every person who shall give or accept a chal¬ 
lenge to fight a duel, or who shall knowingly carry to 
another person such challenge, or who shall agree to go 
out of the State to fight a duel, shall be ineligible to any 
office of trust or profit. 

Sec. 8. The General Assembly shall have power to de¬ 
prive of the right of suffrage, and to render ineligible, any 
person convicted of an infamous crime. 

Sec. 9. No person holding a lucrative office or appoint¬ 
ment, under the United States or under this State, shall 
be eligible to a seat in the General Assembly; nor shall 
any person hold more than one lucrative office at the same 
time, except as in this Constitution expressly permitted: 
Provided , That offices in the militia to which there is at¬ 
tached no annual salary, and the office of Deputy Post¬ 
master, where the compensation does not exceed ninety 
dollars per annum, shall not be deemed lucrative; And 
provided , also, That counties containing less than one 
thousand polls, may confer the office of Clerk, Recorder, 
and Auditor, or any two of said offices, upon the same 
person. 9 

505, decided at the May term, 1880, the Supreme Court held that the 
amendment had not been adopted because it had not received a majority 
of the votes cast at the election. Accordingly, the amendment was re¬ 
submitted to the voters at a special election held on March 14 , 1881 . 
ihere were 172,915 votes cast at the election, and 124,952 votes were 
cast in favor of the amendment and 42,896 votes were cast against it. 
On March 24, 1881, Governor Albert G. Porter issued his proclamation 
declaring the amendment in force. 

9. The following offices have been held to be lucrative: County re¬ 
corder, county commissioner, Dailey v. State, 8 Blkf. 329 ; township 
trustee, road supervisor, Creighton v. Piper, 14 Ind. 182; Bishop v. 
State, 149 Ind. 223; Colonel of Volunteers, reporter of supreme court. 







11 


Sec. 10. No person who may hereafter be a collector 
or holder of 1 public moneys, shall be eligible to any office 
of trust or profit, until he shall have accounted for, and 
paid over, according to law, all sums for which he may be 
liable. 

Sec. 11. In all cases in which it is provided, that an 
office shall not be filled by the same person more than a 
certain number of years continuously, an appointment pro 
tempore shall not be reckoned a part of that term. 

Sec. 12. In all cases, except treason, felony, and breach 
of the peace, electors shall be free from arrest, in going 
to elections, during their attendance there, and in return¬ 
ing from the same. 

Sec. 13. All elections by the People shall be by ballot; 
and all elections by the General Assembly, or by either 
branch thereof, shall be viva voce. 10 

Sec. 14. All general elections shall be held on the first 
Tuesday after the first Monday in November, but township 
elections may be held at such time as may be provided by 
law: Provided, That the General Assembly may provide 
by law for the election of all Judges of courts of general 
or appellate jurisdiction, by an election to be held for such 
officers only, at which time no other officer shall be voted 
for; and shall also provide for the registration of all per¬ 
sons entitled to vote. 11 

Kerr v. Jones, 19 Ind. 351 ; mayors of cities, Howard v. Shoemaker, 
35 Ind. Ill ; school trustees and trustees of the state benevolent institu¬ 
tions, Chambers v. State, 127 Ind. 365. 

10. This section, requiring that all elections shall be by ballot, does 
not prevent the use of voting machines. Spickerman v. Goddard, 182 
Ind. 523. 

11. As adopted in 1851, Sec. 14 provided that “All general elections 
shall be held on the second Tuesday in October.” The present amend¬ 
ment was proposed by the General Assembly of 1877, re-adopted by the 
General Assembly of 1879', and voted on at the township election of 
April 5, 1880. The total number of votes cast in favor of the amend¬ 
ment was 173,921, and the total number of votes cast against the 


I 



12 


ARTICLE 3. 

DISTRIBUTION OF POWERS. 

Section 1. The powers of the Government are divided 
into three separate departments: The Legislative, the 
Executive including the Administrative, and the Judicial; 
and no person charged with official duties under one of 
these departments, shall exercise any of the functions of 
another, except as in this Constitution expressly provided. 13 

ARTICLE 4. 

LEGISLATIVE. 

Section 1. The Legislative authority of the State shall 
be vested in a General Assembly, which shall consist of 
a Senate and House of Representatives. The style of 
every law shall be: “Be it enacted by the General Assem¬ 
bly of the State of Indiana”; and no law shall be enacted, 
except by bill. 13 

amendment was 144,897. In State v. Swift, 69 Ind. 505, decided at the 
May term, 1880, the Supreme Court held that the amendment had not 
been adopted because it had not received a majority of the votes cast 
at the election. Accordingly, the amendment was re-submitted to the 
voters at a special election held on March 14, 1881. There were 172,915 
votes cast at the election and 128,038 votes were cast in favor of the 
amendment and 40,163 votes were cast against it. On March 24, 1881, 
Governor Albert G. Porter issued his proclamation declaring the amend¬ 
ment in force. 

12. This is the famous “separation of powers” section of the Con¬ 
stitution. The three departments of government are equal, co-ordinate 
and independent. Lafayette R. R. Co. v. Geiger, 34 Ind. 185. One de¬ 
partment of the government can not inquire into the motives controlling 
another department. Wright v. Defrees, 8 Ind. 298 ; McCulloch v. 
State, 11 Ind. 424. The legislature alone has power to make, sanction, 
suspend or give effect to laws. Maize v. State, 4 Ind. 342. The con¬ 
struction of statutes is a judicial power and can not be exercised by 
the legislature. Guckien v. Rothrock, 137 Ind. 355. The governor 
can not be compelled by mandate to perform an official duty. Hovey 
v. State, 127 Ind. 588. 

13. The legislative authority of the General Assembly is supreme and 
sovereign, subject only to the restraints imposed thereon by the State 




13 


Sec. 2. The Senate shall not exceed fifty, nor the House 
of Representatives one hundred members; and they shall 
be chosen by the electors of the respective counties or dis¬ 
tricts, into which the State may, from time to time, be 
divided. 14 

Sec. 3. Senators shall be elected for the term of four 
years and Representatives for the term of two years, from 
the day next after their general election: Provided, how¬ 
ever, That the Senators elect, at the second meeting of the 
General Assembly under this Constitution, shall be divided 
by lot, into two equal classes, as nearly as may be; and 
the seats of Senators of the first class shall be vacated at 
the expiration of two years, and those of the second class, 
at the expiration of four years; so that one-half as nearly 
as possible, shall be chosen biennially forever thereafter. 
And in case of increase in the number of Senators, they 
shall be so annexed, by lot, to the one or the other of the 
two classes, as to keep them as nearly equal as practicable. 

Sec. 4. The General Assembly shall, at its second ses¬ 
sion after the adoption of this Constitution, and every 
sixth year thereafter, cause an enumeration to be made 
of all the male inhabitants over the age of twenty-one 
years. 15 

and Federal Constitutions and laws and treaties passed and made in 
pursuance thereof. Lafayette R. R. Co. v. Geiger, 34 Ind. 185 ; Hanly 
v. Sims, 175 Ind. 345 ; Carr v. State, 175 Ind. 241. Laws must be 
enacted by bill and the style must be: “Be it enacted by the General 
Assembly of the State of Indiana.” Money can not be appropriated 
from the state treasury by a joint resolution, but the legislative will 
may in some cases be expressed by a joint resolution. May v. Rice, 
91 Ind. 546; State v. Bailey, 16 Ind. 46. 

14. In 1851 the number of senators was fixed at 50 and the number 
of representatives at 100 and the number has been continued on that 
basis ever since. 

15. As adopted in 1851, sec. 4 and sec. 5 provided for enumeration 
and apportionment on the basis of the number of white male voters. 
The amendment which struck out the word “white” was proposed by 
the General Assembly of 1877, re-adopted by the General Assembly of 



14 


Sec. 5. The number of Senators and Representatives 
shall, at the session next following each period of making 
such enumeration, be fixed by law, and apportioned among 
the several counties, according to the number of male in¬ 
habitants, above twenty-one years of age in each: Pro¬ 
vided, That the first and second elections of members of 
the General Assembly, under this Constitution, shall be 
according to the apportionment last made by the General 
Assembly, before the adoption of this Constitution. 15 

Sec. 6. A Senatorial or Representative District, where 
more than one county shall constitute a district, shall be 
composed of contiguous counties; and no county for Sena¬ 
torial apportionment, shall ever be divided. 

Sec. 7. No person shall be a Senator or a Representa¬ 
tive who, at the time of his election, is not a citizen of the 
United States; nor any one who has not been, for two 
years next preceding his election, an inhabitant of this 
State, and, for one ye ar next preceding his election, an 

1879, and voted on at the township election of April 5, 1880. The total 
number of votes cast at the township election was 380,771 ; the total 
number of votes cast in favor of the amendment was 176,145, the total 
number of votes cast against the amendment was 136,716. In State v. 
Swift, 69 Ind. 505, decided at the May term, 1880, the Supreme Court 
held that the amendment had not been adopted because it had not 
received a majority of the votes cast at the election. Accordingly, the 
amendment was re-submitted to the voters at a special election held 
on March 14, 1881. There were 172,915 votes cast at the election, and 
125,170 votes were cast in favor of the amendment and 42,162 votes 
were cast against it. On March 24, 1881, Governor Albert G. Porter 
issued his proclamation declaring the amendment in forcve. 

The last enumeration of voters was made in 1919 and disclosed that 
there were 788,931 white male voters and 20,814 colored male voters 
in the state. On the basis of the enumeration so made, the state was 
re-apportioned in 1921 into 75 representative and 44 senatorial districts. 

It is the duty of the courts to decide whether an apportionment act 
complies with the requirements of the Constitution. The legislature can 
enact only one apportionment law under each enumeration, but if the 
law is held invalid, a valid apportionment law may be enacted. Parker 
v. State, 133 Ind. 178; Denney v. State, 144 Ind. 503. 




15 


inhabitant of the county or district whence he may be 
chosen. Senators shall be at least twenty-five, and Rep¬ 
resentatives at least twenty-one years of age. 

Sec. 8. Senators and Representatives in all cases ex¬ 
cept treason, felony, and breach of the peace, shall be 
privileged from arrest, during the session of the General 
Assembly, and in going to and returning from the same; 
and shall not be subject to any civil process, during the 
session of the General Assembly, nor during the fifteen 
days next before the commencement thereof. For any 
speech or debate in either House, a member shall not be 
questioned in any other place. 

Sec. 9. The sessions of the General Assembly shall be 
held biennially at the capital of the State, commencing on 
the Thursday next after the first Monday of January, in 
the year one thousand eight hundred and fifty-three, and 
on the same day of every second year thereafter, unless a 
different day or place shall have been appointed by law. 
But if, in the opinion of the Governor, the public welfare 
shall require it, he may at any time by proclamation, call 
a special session. 16 

Sec. 10. Each House, when assembled, shall choose its 
own officers, the President of the Senate excepted; judge 
the elections, qualifications and returns of its own mem¬ 
bers; determine its rules of proceeding, and sit upon its 
own adjournment. But neither House shall, without the 
consent of the other, adjourn for more than three days nor 
to any place other than that in which it may be sitting. 17 

16. The legislative power of the General Assembly convened in spe¬ 
cial session is as unlimited as during a regular session. Woessner v. 
Bullock. 176 Ind. 166. 

17. The officers of the senate, in addition to the Lieutenant-Governor, 
who is ex-officio President of the Senate, are a President Pio Tern., 
Principal Secretary and Principal Doorkeeper. The otficei's of the 
House are a Speaker, Chief Clerk, Assistant Clerk and Doorkeeper. The 
rules of the House and Senate are vex-y elaborate and are printed sepa¬ 
rately duriixg each session of the legislature. 



16 


Sec. 11. Two-thirds of each House shall constitute a 
quorum to do business; but a smaller number may meet, 
adjourn from day to day, aild compel the attendance of 
absent members. A quorum being in attendance, if either 
House fail to effect an organization within the first five 
days thereafter, the members of the House so failing, shall 
be entitled to no compensation, from the end of the said 
five days, until an organization shall have been effected. 18 

Sec. 12. Each House shall keep a journal of its pro¬ 
ceedings, and publish the same. The yeas and nays, on any 
question, shall, at the request of any two members, be 
entered, together with the names of the members demand¬ 
ing the same, on the journal; Provided, That on a motion 
to adjourn, it shall require one-tenth of the members pres¬ 
ent to order the yeas and nays. 

Sec. 13. The doors of each House, and of Committees of 
the Whole, shall be kept open, except in such cases, as, in 
the opinion of either House, may require secrecy. 

Sec. 14. Either House may punish its members for dis¬ 
orderly behavior, and may, with the concurrence of two- 
thirds, expel a member; but not a second time for the 
same cause. 

Sec. 15. Either House during its session, may punish, 
by imprisonment, any person not a member, who shall 
have been guilty of disrespect to the House, by disorderly 
or contemptuous behavior in its presence; but such im¬ 
prisonment shall not at any time exceed twenty-four hours. 

Sec. 16. Each House shall have all powers, necessary 
for a branch of the Legislative department of a free and 
independent State. 

Sec. 17. Bills may originate in either House, but may 
be amended or rejected in the other; e xcept that bills foi¬ 
ls. A quorum of the House is 67 members and a quorum of the 
Senate is 34 members. 







17 


raising revenues shall originate in the House of Repre¬ 
sentatives. 19 

Sec. 18. Every bill shall be read, by sections, on three 
several days, in each House; unless in case of emergency, 
two-thirds of the House where such bill may be depend¬ 
ing shall, by vote of yeas and nays, deem it expedient to 
dispense with this rule; but the reading of a bill by sec¬ 
tions, on its final passage, shall, in no case, be dispensed 
with; and the vote on the passage of every bill or joint 
resolution shall be taken by yeas and nays. 20 

Sec. 19. Every act shall embrace but one subject, and 
matters properly connected therewith; which subject shall 
be expressed in the title. But if any subject shall be em¬ 
braced in an act which shall not be expressed in the title, 
such act shall be void only as to so much thereof as shall 
not be expressed in the title. 21 

Sec. 20. Every act and joint resolution shall be plainly 
worded, avoiding as far as practicable, the use of technical 
terms. 

Sec. 21. No act shall ever be revised or amended by 
mere reference to its title; but the act revised, or section 
amended, shall be set forth and published at full length. 22 

19. Under this provision of the Constitution, all tax bills and bills 
to appropriate money for the maintenance of the state government and 
its institutions originate in the House. 

20. If a law is signed by the presiding officers of the two Houses, 
the courts will not inquire whether it was properly passed. Evans v. 
Browne, 30 Ind. 514 ; Bender v. State, 53 Ind. 254 ; Western Union Co. 
v. Taggart, 141 Ind. 281. 

21. Every, act must have a title and designate a single subject, but 
the title should not express the object or purposes of the act, but the 
means by which it is to be accomplished. Indiana Ry. Co. v. Potts, 7 
Ind. 681. The term “subject” means the thing about which the leg¬ 
islation is had and the term “matters” refers to the incidents or sec¬ 
ondary things necessary to provide for the enforcement of the act. 
Board of Com’rs. v. Scanlan, 178 Ind. 142. 

22. In amending a statute, the title of the act to be amended should 
be referred to by setting it out in the title of the amendatory act and 



18 


Sec. 22. The General Assembly shall not pass local or 
special laws, in any of the following enumerated cases, 
that is to say: 

Regulating the jurisdiction and duties of Justices of the 
Peace and of Constables; 

For the punishment of crimes and misdemeanors; 

Regulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal 
cases; 

Granting divorces; 

Changing the names of persons; 

For laying out, opening and working on highways, and 
for the election or appointment of supervisors; 

Vacating roads, town plats, streets, alleys and public 
squares; 

Summoning and empaneling grand and petit juries, and 
providing for their compensation; 

Regulating county and township business; 

Regulating the election of county and township officers, 
and their compensation; 

For the assessment and collection of taxes for State, 
county, township or road purposes; 

Providing for supporting common schools, and for the 
preservation of school funds; 

In relation to fees or salaries; except that the laws may 
be so made as to grade the compensation of officers in pro¬ 
position to the population, and the necessary services re¬ 
quired ; 23 

the section as amended should be set forth and published at full length. 
Mankin v. Penn. Co., 160 Ind. 447 ; Hendershot v. State, 162 Ind. 69. 
In the amendment of an act, the old act or section need not be set 
out, but the act or section as amended should be set forth. Green- 
castle Co. v. State, 28 Ind. 382 ; Draper v. Falley, 33 Ind. 465. 

23. As adopted in 1851, this section prohibited the passage of local 
and special laws in relation to fees and salaries. It was amended in 
1881 to provide that the salaries of public officials may be graded 
according to population and the necessary services required. The 
amendment was proposed by the General Assembly of 1877, re-adopted 





19 




In relation to interest on money; 

Providing for opening and conducting elections of State, 
county, or township officers, and designating the places of 
voting; 

Providing for the sale of real estate belonging to minors, 
or other persons laboring under legal disabilities, by exec¬ 
utors, administrators, guardians, or trustees. 

Sec. 23. In all the cases enumerated in the preceding 
section, and in all other cases where a general law can be 
made applicable, all laws shall be general, and of uniform 
operation throughout the State. 24 

Sec. 24. Provisions may be made, by general law, for 
bringing suit against the State, as to all liabilities orig¬ 
inating after the adoption of this Constitution; but no spe¬ 
cial act authorizing such suit to be brought, or making 

by the General Assembly of 1879, and voted on at the township election 
of April 5, 1880. The total number of votes cast at the township elec¬ 
tion was 380,771 ; the total number of votes cast in favor of the amend¬ 
ment was 181,684, and the total number of votes cast against the 
amendment was 137,175. In State v. Swift, 69 Ind. 505, decided at the 
May term, 1880, the Supreme Court held that the amendment had not 
been adopted because it had not received a majority of the votes cast 
at the election. Accordingly, the amendment was re-submitted to the 
voters at a special election held on March 14, 1881. There were 172,915 
votes cast at the election and 128,731 votes were cast in favor of the 
amendment and 38,345 votes were east against it. On March 24, 1881, 
Governor Albei’t G. Porter issued his px-oclamation declaring the amend¬ 
ment in force. 

Acts creating inferior courts are not invalid as being local or spe¬ 
cial. Woods v. McCay, 144 Ind. 316 ; Dearbeyne v. Greenwald, 186 Ind. 
321 ; Stocking v. State, 7 Ind. 326 ; Eitel v. State, 33 Ind. 201. 

Acts may be passed providing for the classification of cities if they 
ai’e so worded that any city on attaining the requisite population will 
come under the law. Bumb v. City of Evansville, 168 Ind. 272. 

24. The legislature alone has authority to deteimine whether a law 
can be made general or whether a local law is necessary. Gentile v. 
State, 29 Ind. 409; Wiley v. Bluffton, 111 Ind. 152; State v. Kolsem, 
130 Ind. 434 ; Smith v. Indpls. St. Ry. Co., 158 Ind. 425 ; School City 
of Marion v. Forrest, 168 Ind. 94; Crist v. Moloney, 187 Ind. 614. 



20 


compensation to any person claiming damages against the 
State, shall ever be passed. 25 

Sec. 25. A majority of all the members elected to each 
House, shall be necessary to pass every bill or joint reso¬ 
lution; and all bills and joint resolutions so passed shall 
be signed, by the Presiding Officers of the respective 
Houses. 26 

Sec. 26. Any member of either House shall have the 
right to protest, and to have his protest with his reasons 
for dissent, entered on the journal. 

Sec. 27. Every statute shall be a public law, unless 
otherwise declared in the statute itself. 

Sec. 28. No act shall take effect, until the same shall 
have been published and circulated in the several counties 
of this State by authority, except in case of emergency; 
which emergency shall be declared in the preamble or in 
the body of the law. 27 

Sec. 29. The members of the General Assembly shall 
receive for their services, a compensation to be fixed by 
law; but no increase of compensation shall take effect dur¬ 
ing the session at which such increase may be made. No 
session of the General Assembly, except the first under this 

25. Suits against the state are authorized by the act of 1889 and are 
brought in the superior court of Marion County and the issue is tried 
by all the judges sitting together without a jury. 

26. It requires 51 votes in the House and 26 votes in the Senate to 
pass a bill. The Speaker of the House signs a bill first, the President 
of the Senate second and the Governor last. 

27. Acts which have an emergency clause become effective as soon 
as they are signed by the governor. Acts which do not contain an 
emergency clause become effective when they are distributed to every 
county in the state and when the governor has issued his proclamation. 
The laws of 1921 became effective on May 31 at 5 P. M. Mark v. State, 
15 Ind. 98 ; Cain v. Goda, 84 Ind. 209; Jones v. Cavins, 4 Ind. 305; 
State v. Indiana Board, 155 Ind. 414 ; Sudbury v. Board, 157 Ind 446 • 
State v. Williams, 173 Ind. 414. 





21 


« 

Constitution, shall extend beyond the term of sixty-one 
days, nor any special session beyond the term of forty 
days. 28 

Sec. 30. No Senator or Representative shall, during 
the term for which he may have been elected, be eligible to 
any office, the election to which is vested in the General 
Assembly; nor shall he be appointed to any civil office of 
profit, which shall have been created or the emoluments of 
which shall have been increased, during such term; but 
this latter provision shall not be construed to apply to any 
office elective by the People. 


ARTICLE 5. 

EXECUTIVE. 

Section 1 . The executive powers of the State shall be 
vested in a Governor. He shall hold his office during four 
years, and shall not be eligible, more than four years, in 
any period of eight years. 

Sec. 2. There shall be a Lieutenant-Governor, who shall 
hold his office during four years. 

Sec. 3. The Governor and Lieutenant-Governor shall 
be elected at the times and places of choosing members of 
the General Assembly. 

Sec. 4. In voting for Governor and Lieutenant-Gov¬ 
ernor, the electors shall designate, for whom they vote as 
Governor, and for whom as Lieutenant-Governor. The 
returns of every election for Governor and Lieutenant- 
Governor shall be sealed up and transmitted to the seat 
of government, directed to the Speaker of the House of 

28. The members of the General Assembly receive $6 per day and 
20 cents per mile for a round trip from their homes and return. The 
term of 61 days for a regular session and 40 days for a special session 
includes all Sundays and holidays intervening. 


—20889 



22 


Representatives, who shall open and publish them in the 
presence of both Houses of the General Assembly. 

Sec. 5. The persons, respectively, having the highest 
number of votes for Governor and Lieutenant-Governor, 
shall be elected; but in case two or more persons shall 
have an equal and the highest number of votes for either 
office, the General Assembly shall, by joint vote, forthwith 
proceed to elect one of the said persons Governor or Lieu¬ 
tenant-Governor, as the case may be. 

Sec. 6. Contested elections for Governor or Lieutenant- 
Governor, shall be determined by the General Assembly, in 
such manner as may be prescribed by law. 

Sec. 7. No person shall be eligible to the office of Gov¬ 
ernor or Lieutenant-Governor who shall not have been five 
years a citizen of the United States, and also a resident 
ot the State of Indiana during the five years next preced¬ 
ing his election; nor shall any person be eligible to either 
of the said offices, who shall not have attained the age of 
thirty years. 

Sec. 8. No member of Congress, or person holding any 
office under the United States or under this State, shall fill 
the office of Governor or Lieutenant-Governor. 

Sec. 9. The official term of the Governor or Lieutenant- 
Governor shall commence on the second Monday of Janu¬ 
ary, in the year one thousand eight hundred fifty-three; 
and on the same day every fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from 
office, or of his death, resignation, or inability to discharge 
the duties of the office, the same shall devolve on the 
Lieutenant-Governor; and the General Assembly shall, by 
law, provide for the case of removal from office, death, res¬ 
ignation, or inability, both ot the Governor and Lieutenant- 
Governor, declaring what officer then shall act as Gov- 


23 


ernor; and such officer shall act accordingly, until the dis¬ 
ability be removed or a Governor be elected. 20 

Sec. 11. Whenever the Lieutenant-Governor shall act 
as Governor, or shall be unable to attend as President of 
the Senate, the Senate shall elect one of its own members 
as President for the occasion. 

Sec. 12. The Governor shall be commander-in-chief of 
the military and naval forces, and may call out such 
forces, to execute the laws, or to suppress insurrection or 
to repel invasion. 

Sec. 13. He shall from time to time, give to the General 
Assembly information touching the condition of the State, 
and recommend such measures as he shall judge to be 
expedient. 30 

Sec. 14. Every bill which shall have passed the General 
Assembly, shall be presented to the Governor; if he ap¬ 
prove, he shall sign it; but if not, he shall return it, with 
his objections, to the House in which it shall have orig¬ 
inated; which House shall enter the objections, at large, 
upon its journals, and proceed to reconsider the bill. If, 
after such reconsideration, a majority of all the members 
elected to that House shall agree to pass the bill, it shall 
be sent, with the Governor’s objections, to the other House, 
by which it shall likewise be reconsidered; and, if approved 
by a majority of all the members elected to that House, it 
shall be a law. If any bill shall not be returned by the 
Governor within three days, Sundays excepted, after it 
shall have been presented to him, it shall be a law, without 

29. In case of the removal, death, resignation or inability of both 
the Governor and Lieutenant-Governor, the President of the Senate 
acts as Governor until the vacancy is filled. 

30. This is known as the Governor’s message. The regular message 
is read to the two houses of the General Assembly, convened in joint 
session, shortly after the convening of any regular or special session, 
but special messages may be submitted at any time. 



24 


his signature, unless the general adjournment shall pre¬ 
vent its return; in which case it shall be a law, unless the 
Governor, within five days next after such adjournment, 
shall file such bill, with his objections thereto, in the office 
of the Secretary of State; who shall lay the same before 
the General Assembly at its next session, in like manner 
as if it had been returned by the Governor. But no bill 
shall be presented to the Governor, within two days next 
previous to the final adjournment of the General 
Assembly. 31 

Sec. 15. The Governor shall transact all necessary busi¬ 
ness with the officers of government, and may require in¬ 
formation in writing from the officers of the administra¬ 
tive department, upon any subject relating to the duties 
of their respective offices. 

Sec. 16. He shall take care that the laws be faithfully 
executed. 

Sec. 17. He shall have the power to grant reprieves, 
commutations and pardons, after conviction,, for all of¬ 
fenses except treason and cases of impeachment, subject 
to such regulations as may be provided by law. Upon con¬ 
viction for treason, he shall have power to suspend the 
execution of the sentence, until the case shall be reported 
to the General Assembly, at its next meeting; when the 

31. If a bill is passed over the veto of the Governor, it need not 
be again presented to him. State v. Denny, 118 Ind. 449. If a bill is 
presented to the Governor within the two days prior to adjournment 
and the Governor vetoes it within the five days after adjournment of 
the legislature, the bill must be presented to the next regular or special 
session of the legislature held thereafter. Woessner v. Bullock, 176 Ind. 
166. When the Governor has filed a bill in the office of the Secretary 
of State, he can not afterwards withdraw or file objections to the bill. 
Tarlton v. Peggs, 18 Ind. 24. If a bill contains an emergency clause 
and is not approved by the Governor, it will become a law on the 
expiration of the time given by the Constitution for the Governor to 
veto it. State v. Wheeler, 172 Ind. 578 ; Shutt v. State, 173 Ind. 689 ; 
Stalcup v. Dixon, 136 Ind. 9. 






25 


General Assembly shall either grant a pardon, commute 
the sentence, direct the execution of the sentence, or grant 
a further reprieve. He shall have power to remit fines 
and forfeitures, under such regulations as may be pre¬ 
scribed by law; and shall report to the General Assembly, 
at its next meeting, each case of reprieve, commutation, 
or pardon granted, and also the names of all persons in 
whose favor remission of fines and forfeitures shall have 
been made, and the several amounts remitted: Provided , 
however, That the General Assembly may, by law, con¬ 
stitute a council, to be composed of officers of State, with¬ 
out whose advice and consent the Governor shall not have 
power to grant pardons, in any case, except such as may, 
by law, be left to his sole power. 32 

Sec. 18. When, during a recess of the General Assem¬ 
bly, a vacancy shall happen in any office, the appointment 
to which is vested in the General Assembly; or when, at 
any time, a vacancy shall have occurred in any other State 
office, or in the office of Judge of any court; the Governor 
shall fill such vacancy, by appointment, which shall ex¬ 
pire, when a successor shall have been elected and 
qualified. 

Sec. 19. He shall issue writs of election to fill such 
vacancies as may have occurred in the General Assembly. 

Sec. 20. Should the seat of government become danger¬ 
ous from disease or a common enemy, he may convene the 
General Assembly at any other place. 

32. The council herein provided is known as the state hoard of 
pardons, it consists of three members and reviews all pardon cases and 
recommends to the governor its conclusions. The governor has exclu¬ 
sive power, under rules prescribed by law, to grant reprieves, commu¬ 
tations and pardons, and to remit fines and forfeitures. Butler v. 
State, 97 Ind. 373. The power given to certain officers under the in¬ 
determinate sentence law to shorten the time of service of prisoners 
is not an exercise of the pardoning power. Miller v. State, 149 Ind. 
607. Conditional pardons or paroles may be gx-anted and the prisoner 
may be recommitted for a violation of the condition. Woodward v. 
Murdock, 124 Ind. 439. 



26 


Sec. 21. The Lieutenant-Governor shall, by virtue of 
his office, be President of the Senate; have a right, when 
in committee of the whole, to join in debate, and to vote 
on all subjects; and, whenever the Senate shall be equally 
divided, he shall give the casting vote. 

Sec. 22. The Governor shall, at stated times, receive 
for his services a compensation, which shall neither be in¬ 
creased nor diminished, during the term for which he shall 
have been elected. 33 , 

Sec. 23. The Lieutenant-Governor, while he shall act as 
President of the Senate, shall receive, for his services, the 
same compensation as the Speaker of the House of Rep¬ 
resentatives; and any person, acting as Governor, shall 
receive the compensation attached to the office of Gov¬ 
ernor. 34 

Sec. 24. Neither the Governor nor Lieutenant-Governor 
shall be eligible to any other office, during the term for 
which he shall have been elected. 

ARTICLE 6. 

ADMINISTRATIVE. 

Section 1. There shall be elected, by the voters of the 
State, a Secretary, an Auditor and a Treasurer of State, 
who shall, severally, hold their offices for two years. They 
shall perform such duties as may be enjoined by law; and 
no person shall be eligible to either of said offices, more 
than four years in any period of six years. 

Sec. 2. There shall be elected, in each county by the 
voters thereof, at the time of holding general elections, a 
Clerk of the Circuit Court, Auditor, Recorder, Treasurer, 

33. The salai*y of the Governor, as fixed in 1903, is $8,000 per year. 

34. The salary of the Lieutenant-Governor, as fixed in 1895 is $1,000 
per year in addition to his compensation as President of the Senate 
which is $8 per day during the continuance of the session. 



27 


Sheriff, Coroner, and Surveyor. The Clerk, Auditor and 
Recorder, shall continue in office four years; and no per¬ 
son shall be eligible to the office of Clerk, Recorder, or 
Auditor more than eight years in any period of twelve 
years. The Treasurer, Sheriff, Coroner, and Surveyor, 
shall continue in office two years; and no person shall be 
eligible to the office of Treasurer or Sheriff, more than 
four years in any period of six years. 35 

Sec 3. Such other county and township officers as may 
be necessary, shall be elected, or appointed, in such man¬ 
ner as may be prescribed by law. 36 

Sec. 4. No person shall be elected, or appointed, as a 
county officer, who shall not be an elector of the county; 
nor any one who shall not have been an inhabitant thereof, 
during one year next preceding his appointment, if the 
county shall have been so long organized; but if the county 
shall not have been so long organized, then within the lim¬ 
its of the county or counties out of which the same shall 
have been taken. 

Sec. 5. The Governor, and the Secretary, Auditor, and 
Treasurer of State, shall, severally, reside and keep the 
public records, books, and papers, in any manner relating 
to the respective offices, at the seat of government. 

35. The legislature can neither lengthen nor shorten the term of 
an office that is fixed by the Constitution. Howard v. State, 10 Ind. 
99. Persons elected to fill a vacancy in the office of clerk of the cir¬ 
cuit court hold their offices for four years. Governor v. Nelson, 6 Ind. 
496. When the term of a county officer is fixed by the Consti¬ 
tution, his successor must be elected at the general election held next 
before the date of the expiration of his term. Russell v. State, 171 
Ind. 623. 

36. The legislature may change the time of electing township of¬ 
ficers and thereby extend the term of such officers beyond the time 
for which they were elected. State v. Menaugh, 151* Ind. 260. The 
legislature has authority to create county and township offices and 
to fix the qualifications of the holders. State v. Goldthait, 172 Ind. 
210. It may be provided by law that offices created by the legislature 
may be filled by appointment. State v. Hall, 173 Ind. 145. 



28 


Sec. 6. All county, township, and town officers, shall 
reside within their respective counties, townships, and 
towns; and shall keep their respective offices at such places 
therein, and perform such duties, as may be directed by 
law. 

Sec. 7. All State officers shall, for crime, incapacity, or 
negligence, be liable to be removed from office, either by 
impeachment by the House of Representatives, to be tried 
by the Senate, or by a joint resolution of the General As¬ 
sembly; two-thirds of the members elected to each branch 
voting, in either case, therefor. 

Sec. 8. All State, county, township, and town officers, 
may be impeached, or removed from office, in such manner 
as may be prescribed by law. 37 

Sec. 9. Vacancies in county, township, and town offices, 
shall be filled in such manner as may be prescribed by law. 

Sec. 10. The General Assembly may confer upon the 
boards doing county business in the several counties, pow¬ 
ers of a local, administrative character. 


ARTICLE 7. 

JUDICIAL. 

Section 1 . The judicial power of the State shall be 
vested in a Supreme Court, Circuit Courts, and in such 
other courts as the General Assembly may establish. 38 

37. A prosecuting attorney is neither a state nor a county officer and 
therefore can not be removed under Secs. 7 and 8 but may be removed 
under Sec. 12 of Art. VII. State v. Patterson, 181 Ind. 660. 

38. As adopted in 1851, the word “inferior” was used instead of the 
word “other” where it now occurs in this section. The amendment to 
this section was proposed by the General Assembly of 1877, re-adopted 
by the General Assembly of 1879, and voted on at the township elec¬ 
tion ot April 5, 1880. The total number of votes cast at the township 
election was 380,771 ; the total number of votes cast in favor of the 




29 


Sec. 2. The Supreme Court shall consist of not less 
than three, nor more than five Judges; a majority of whom 
shall form a quorum. They shall hold their offices for six 
years, if they so long behave well. 39 

Sec. 3. The State shall be divided into as many dis¬ 
tricts as there are Judges of the Supreme Court; and 
such districts shall be formed of contiguous territory, as 
nearly equal in population, as, without dividing a county, 
the same can be made. One of said Judges shall be elected 
from each district, and reside therein; but said Judges shall 
be elected by the electors of the State at large. 40 

amendment was 175,626, and the total number of votes cast against 
the amendment was 141,318. In State v. Swift, 69 Ind. 505, decided 
at the May term, 1880, the Supreme Court held that the amendment 
had not been adopted because it had not received a majority of the 
votes cast at the election. Accordingly, the amendment was re-sub¬ 
mitted to the voters at a special election held on March 14, 1881. 
There were 172,915 votes cast at the election, and 116,570 votes were 
cast in favor of the amendment and 41,434 votes were cast against it. 
On March 24, 1881, Governor Albert G. Porter issued his proclamation 
declaring the amendment in force. 

At the present time there is a supreme fcourt, an appellate court of 
6 judges, 70 circuit courts, 13 superior courts, 2 criminal courts, 2 
probate courts and one juvenile court in the state. 

39. The supreme court consists of 5 judges. 

40. The following table shows the counties embraced in each of the 
'5 districts into which the state is divided and the population of each 
district: 

First District. —Clay, Daviess, Dubois, Gibson, Greene, Knox, Martin, 
Monroe, Morgan, Orange, Owen, Parke, Perry, Pike, Posey, Spencer, 
Sullivan, Vanderburgh and Warrick. Population, 510,282. 

Second District. —Bartholomew, Brown, Clark, Crawford, Dearborn, 
Decatur, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, 
Ripley, Rush, Scott, Shelby, Switzerland and Washington. Population, 
346,417. 

Third District.— Boone, Clinton, Fountain, Hamilton, Hendricks, 
Johnson, Marion, Montgomery, Putnam, Tippecanoe, Tipton, Vermillion, 
Vigo, Warren and White. Population, 745,670. 

Fourth District. Adams, Allen, Blackford, Delaware, Fayette, Frank¬ 
lin, Grant, Hancock, Henry, Howard, Huntington, Jay, Madison, Ran¬ 
dolph, Union, Wayne, Wells and Whitley. Population, 625,375. 



30 


Sec. 4. The Supreme Court shall have jurisdiction, co¬ 
extensive with the limits of the State, in appeals and writs 
of error, under such regulations and restrictions as may¬ 
be prescribed by law. It shall also have such original 
jurisdiction as the General Assembly may confer. 

Sec. 5. The Supreme Court shall, upon the decision of 
every case, give a statement in writing of each question 
arising in the record of such case, and the decisions of the 
Court thereon. 

Sec. 6. The General Assembly shall provide, by law, 
for the speedy publication of the decisions of the Supreme 
Court, made under this Constitution; but no Judge shall 
be allowed to report such decision. 41 

Sec. 7. There shall be elected by the voters of the State, 
a Clerk of the Supreme Court, who shall hold his office 
four years, and whose duties shall be prescribed by law. 

Sec. 8. The Circuit Courts* shall each consist of one 
Judge and shall have such civil and criminal jurisdiction 
as may be prescribed by law. 

Sec. 9. The State shall, from time to time, be divided 
into judicial circuits; and a judge for each circuit shall 
be elected by the voters thereof. He shall reside within 
the circuit, and shall hold his office for the term of six 
years, if he so long behave well. 

Sec. 10. The General Assembly may provide, by law, 
that the Judge of one circuit may hold the Courts of 

Fifth District.— Benton, Carroll, Cass, Dekalb, Elkhart, Fulton, Jasper, 
Kosciusko, Lagrange, Lake, Laporte, Marshall, Miami, Newton, Noble! 
Porter, Pulaski, St. Joseph, Starke, Steuben and Wabash. Population' 
702,646. 

41. The decisions of the supreme court are published in volumes 
known as the Indiana Reports.” Prior to the adoption of the present 
Constitution, the supreme court reports were edited and published by 
Isaac Blacktord, one of the judges of the supreme court. 





31 


another circuit, in cases of necessity or convenience; and 
in case of temporary inability of any Judge, from sickness 
or other cause, to hold the Courts in his circuit, provision 
may be made, by law, for holding such courts. 

Sec. 11. There shall be elected, in each judicial cir¬ 
cuit, by the voters thereof, a Prosecuting Attorney, who 
shall hold his office for two years. 

Sec. 12. Any Judge, or Prosecuting Attorney, who shall 
have been convicted of corruption or other high crime, 
may, on information in the name of the State, be removed 
from office by the Supreme Court, or in such other man¬ 
ner as may be prescribed by law. 

Sec. 13. The judges of the Supreme Court and Cir¬ 
cuit Courts shall, at stated times, receive a compensation, 
which shall not be diminished during their continuance in 
office. 42 

Sec. 14. A competent number of Justices of the Peace 
shall be elected, by the voters in each township in the sev¬ 
eral counties. They shall continue in office four years, 
and their powers and duties shall be prescribed by law. 

Sec. 15. All judicial officers shall be conservators of 
the peace in their respective jurisdictions. 

Sec. 16. No person elected to any judicial office, shall, 
during the term for which he shall have been elected, be 
eligible to any office of trust or profit, under the State, 
other than a judicial office. 

Sec. 17. The General Assembly may modify, or abolish, 
the Grand Jury system. 

Sec. 18. All criminal prosecutions shall be carried on, 
in the name, and by the authority of the State; and the 
style of all processes shall be: “The State of Indiana.” 

42. The salary of a judge of the supreme court is $6,000 and of 
circuit judges $4,200, payable out of the state treasury. 




32 


Sec. 19. Tribunals of conciliation may be established, 
with such powers and duties as shall be prescribed by law; 
or the powers and duties of the same may be conferred 
upon other Courts of Justice; but such tribunals or other 
Courts, when sitting as such, shall have no power to render 
judgment to be obligatory on the parties, unless they vol¬ 
untarily submit their matters of difference, and agree to 
abide the judgment of such tribunal or Court. 

Sec. 20. The General Assembly, at its first session after 
the adoption of this Constitution, shall provide for the 
appointment of thpee Commissioners, whose duty it shall 
be to revise, simplify, and abridge, the rules, practice, 
pleadings, and forms, of the Courts of justice. And they 
shall provide for abolishing the distinct forms of action at 
law, now in use; and that justice shall be administered in 
a uniform mode of pleading, without distinction between 
law and equity. And the General Assembly may, also, 
make it the duty of said Commissioners to reduce into a 
systematic code, the general statute law of the State; and 
said Commissioners shall report the result of their labors 
to the General Assembly, with such recommendations and 
suggestions, as to the abridgment and amendment, as to 
said Commissioners may seem necessary or proper. Pro¬ 
vision shall be made, by law, for filling vacancies, regu¬ 
lating the tenure of office, and the compensation of said 
Commissioners. 

Sec. 21. Every person of good moral character, being 
a voter, shall be entitled to admission to practice law in 
all Courts of justice. 


ARTICLE 8. 

EDUCATION. 

Section 1 . Knowledge and learning, generally diffused 
throughout a community, being essential to the preselva- 


oo 

oo 


tion of a free government; it shall be the duty of the Gen¬ 
eral Assembly to encourage, by all suitable means, moral, 
intellectual, scientific, and agricultural improvement; and 
to provide, by law, for a general and uniform system of 
Common Schools, wherein tuition shall be without charge, 
and equally open to all. 43 ' » 

Sec. 2. The Common School fund shall consist of: the 
Congressional Township fund, and the lands belonging 
thereto; 

The Surplus Revenue fund; 

The Saline fund, and the lands belonging thereto; 

The Bank Tax fund, and the fund arising from the one 
hundred and fourteenth section of the charter of the State 
Bank of Indiana; 

The fund to be derived from the sale of county semi¬ 
naries, and the moneys and property heretofore held for 
such Seminaries; from the fines assessed for breaches of 
the penal laws of the State; and from all forfeitures which 
may accrue; 

All lands and other estate which shall escheat to the 
State, for want of heirs or kindred entitled to the in¬ 
heritance ; 

All lands that have been, or may hereafter be, granted 
to the State, where no special purpose is expressed in the 
grant, and the proceeds of the sales thereof; including the 
proceeds of the sales of the swamp lands, granted to the 
State of Indiana by the act of Congress of the 28th of 
September, 1850, after deducting the expense of selecting 
and draining the same; 

Taxes on the property of corporations, that may be 
assessed by the General Assembly for common school 
purposes. 

43. The compulsory school law is not in violation of this section. 
State v. Bailey, 157 Ind. 324. Local school corporations have author¬ 
ity to levy a tax for the support of common schools. Shepardson v. 
Gillette, 133 Ind. 125.- 



34 


Sec. 3. The principal of the Common School fund shall 
remain a perpetual fund, which may be increased, but 
shall never be diminished; and the income thereof shall 
be inviolably appropriated to the support of Common 
Schools, and to no other purpose whatever. 

Sec. 4. The General Assembly shall invest, in some 
safe and profitable manner, all such portions of the Com¬ 
mon School fund as have not heretofore been entrusted to 
the several counties; and shall make provisions, by law, for 
the distribution, among the several counties, of the inter¬ 
est thereof. 

Sec. 5. If any county shall fail to demand its propor¬ 
tion of such interest, for Common School purposes, the 
same shall be reinvested, for the benefit of such county. 

Sec. 6. The several counties shall be held liable for 
the preservation of so much of the said fund as may be 
entrusted to them, and for the payment of the annual in¬ 
terest thereon. 

Sec. 7. All trust funds, held by the State, shall remain 
inviolate, and be faithfully and exclusively applied to the 
purposes for which the trust was created. 

Sec. 8. The General Assembly shall provide for the 
election, by the voters of the State, of a State Superin¬ 
tendent of Public Instruction; who shall hold his office for 

two years, and whose duties and compensation shall be 
prescribed by law\ 


ARTICLE 9. 

STATE INSTITUTIONS. 

Section 1 . It shall be the duty of the General Assembly 
to provide, by law, for the support of Institutions for the 
education of the Deaf and Dumb, and of the Blind; and 
also, for the treatment of the Insane. 


35 


Sec. 2. The General Assembly shall provide houses of 
refuge, for the correction and reformation of juvenile 
offenders. 

Sec. 3. The county boards shall have power to provide 
farms, as an asylum, for those persons, who, by reason of 
age, infirmity, or other misfortune, have claims upon the 
sympathies and aid of society. 

ARTICLE 10. 

FINANCE. 

Section 1. The General Assembly shall provide, by 
law, for a uniform and equal rate of assessment and taxa¬ 
tion, and shall prescribe such regulations as shall secure 
a just valuation for taxation of all property, both real and 
personal, excepting such only for municipal, educational, 
literary, scientific, religious or charitable purposes, as may 
be specially exempted by law. 44 

Sec. 2. All the revenues derived from the sale of any of 
the public works belonging to the State, and from the net 
annual income thereof, and any surplus that may, at any 
time, remain in the treasury, derived from taxation for 
general State purposes, after the payment of the ordinary 
expenses of the government, and of the interest on bonds 
of the State, other than bank bonds, shall be annually ap¬ 
plied, under the direction of the General Assembly, to the 
payment of the principal of the public debt. 

Sec. 3. No money shall be drawn from the treasury, 
but in pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and ex¬ 
penditures of the public money, shall be published with the 
laws of each regular session of the General Assembly. 

44. Taxes must be uniform and equal throughout the unit in which 
they are levied. Board v. State, 155 Ind. 604. The law providing for 
the deduction of mortgage indebtedness is valid. State v. Smith, 158 
Ind. 543. 




36 


Sec. 5. No law shall authorize any debt to be con¬ 
tracted, on behalf of the State, except in the following 
cases: To meet casual deficits in the revenue; to pay the 
interest on the State debt; to repel invasion, suppress in¬ 
surrection, or, if hostilities be threatened, provide for pub¬ 
lic defense. 

Sec. 6. No county shall subscribe for stock in any in¬ 
corporated company, unless the same be paid for at the 
time of such subscription; nor shall any county loan its 
ci edit to any incorporated company, nor borrow money for 
the purpose of taking stock in any such company; nor 
shall the General Assembly ever, on behalf of the State, 
assume the debts of any county, city, town or township, 
nor of any corporation whatever. ' 

Sec. 7. No law or resolution shall ever be passed by 
the General Assembly of the State of Indiana, that shall 
i ecognize any liability of this State to pay or redeem any 
certificate of stock issued in pursuance of an act entitled 
“An act to provide for the funded debt of the State of In¬ 
diana, and for the completion of the Wabash and Erie 
Canal to Evansville,” passed January 19, 1846, and an 
act supplemental to said act, passed January 29, 1847, 
which, by the provisions of the said acts, or either of them' 
shall be payable exclusively from the proceeds of the canal 
lands, and the tolls and revenues of the canal in said acts 
mentioned, and no such certificate of stocks shall ever be 
paid by this State. 45 

45. Section 7 was not a part of the Con^titWbn^aT^iiinall^ 
adopted. It was proposed by the General Assembly of 1871 re-adopted 
by the General Assembly of 1872, convened in special session, and was 
ratified at a special election held on February 18, 1873. There were 
158,400 votes cast in favor of the amendment and 1,030 votes cast 
against it. On March 7, 1873, Governor Thomas A. Hendricks issued 
his proclamation declaring- the amendment in force. 






37 


ARTICLE 11. 

CORPORATIONS. 

Section 1 . The General Assembly shall not have power 
to establish, or incorporate any bank, or banking company, 
or moneyed institution, for the purpose of issuing bills of 
credit, or bills payable to order or bearer, except under 
the conditions prescribed in this Constitution. 

Sec. 2. No bank shall be established otherwise than 
under a general banking law, except as provided in the 
fourth section of this article. 

Sec. 3. If the General Assembly shall enact a general 
banking law, such law shall provide for the registry and 
countersigning, by an officer of State, of all paper credit 
designed to be circulated as money; and ample collateral 
security, readily convertible into specie, for the redemption 
of the same in gold or silver, shall be required; which col¬ 
lateral security shall be under the control of the proper 
officer or officers of State. 

Sec. 4. The General Assembly may also charter a bank 
with branches, without collateral security, as required in 
the preceding section. 

Sec. 5. If the General Assembly shall establish a bank 
with branches, the branches shall be mutually responsible 
for each other’s liabilities, upon all paper credit issued as 
money. 

Sec. 6 . The stockholders in every bank, or banking 
company shall be individually responsible, to an amount, 
over and above their stock, equal to their respective shares 
of stock, for all debts or liabilities of said bank or banking 
company. 

Sec. 7. All bills or notes issued as money shall be, at 
all times, redeemable in gold or silver; and no law shall 


4—20889 


38 


be passed, sanctioning, directly or indirectly, the suspen¬ 
sion, by any bank or banking- company, of specie payments. 

Sec. 8. Holders of bank notes shall be entitled, in case 
of insolvency, to preference of payment over all other 
creditors. 

Sec. 9. No bank shall receive, directly or indirectly, a 
greater rate of interest than shall be allowed by law, to 
individuals loaning money. 

Sec. 10. Every bank or banking company, shall be re¬ 
quired to cause all banking operations, within twenty 
years from the time of its organization, and promptly 
thereafter to close its business. 

Sec. 11. The General Assembly is not prohibited from 
investing the trust funds in a bank with branches; but in 
case of such investment, the safety of the same shall be 
guaranteed by unquestionable security. 

Sec. 12. The State shall not be a stockholder in any 
bank, after the expiration of the present bank charter; 
nor shall the credit of the State ever be given, or loaned, 
in aid of any person, association or corporation; nor shall 
the State hereafter become a stockholder in any corpora¬ 
tion or association. 

Sec. 13. Corporations, other than banking, shall not be 
created by special act, but may be formed under general 
laws. 40 

Sec. 14. Dues from corporations, other than banking, 
shall be secured by such individual liability of the corpo¬ 
rators, or other means, as may be prescribed by law. 

46. This section applies to municipal corporations. Town of Long¬ 
view v. City of Crawfordsville, 164 Ind. 117. 




39 


ARTICLE 12. 

MILITIA. 

Section 1. The militia shall consist of all able-bodied 
white male persons, between the ages of eighteen and 
forty-five years, except such as may be exempted by the 
laws of the United States, or of this State; and shall be 
organized, officered, armed, equipped, and trained, in such 
manner as may be provided by law. 

Sec. 2. The Governor shall appoint the Adjutant, 
Quartermaster and Commissary Generals. 

Sec. 3. All militia officers shall be commissioned by the 
Governor, and shall hold their offices not longer than six 
years. 

Sec. 4. The General Assembly shall determine the 
method of dividing the militia into divisions, brigades, 
regiments, battalions, and companies, and fix the rank of 
all staff officers. 

Sec. 5. The militia may be divided into classes of 
sedentary and active militia, in such manner as shall be 
prescribed by law. 

Sec. 6. No person, conscientiously opposed to bearing 
arms, shall be compelled to do militia duty; but such per¬ 
son shall pay an equivalent for exemption; the amount to 
be prescribed by law. 


ARTICLE 13. 

POLITICAL AND MUNICIPAL CORPORATIONS. 

Section 1. No political or municipal corporation in 
this State shall ever become indebted in any manner or for 
any purpose to an amount in the aggregate exceeding two 
per centum on the value of taxable property within such 


40 


corporation, to be ascertained by the last assessment for 
State and county taxes, previous to the incurring of such 
indebtedness, and all bonds or obligations in excess of 
such amount given by such corporations shall be void: 
Provided, That in time of war, foreign invasion, or other 
great public calamity, on petition of a majority of the 
property owners, in number and value, within the limits 
of such corporation. The public authorities, in their dis¬ 
cretion, may incur obligations necessary for the public pro¬ 
tection and defense to such an amount as may be requested 
in such petition. 47 

47. The original Art. XIII as adopted in 1851 was stricken out 
and the present Article inserted in 1881. The original article was as 
follows: 

Section 1. No negro or mulatto shall come into, or settle in, the 
State, after the adoption of this Constitution. 

Sec. 2. All contracts made with any negro or mulatto coming into 
the State, contrary to the provisions of the foregoing section, shall be 
void; and any person who shall employ such negro or mulatto, or 
otherwise encourage him to remain in the State, shall be fined in any 
sum not less than ten dollars, nor more than five hundred dollars. 

Sec. 3. All fines which may be collected for a violation of the pro¬ 
visions of this article, or of any law which may hereafter be passed 
for the purpose of carrying the same into execution, shall be set apart 
and appropriated for the colonization of such negroes and mulattoes, 
and theii descendants, as may be in the State at the adoption of this 
Constitution, and may be willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the pro¬ 
visions of this article. 

The present amendment was proposed by the General Assembly of 
1877, re-adopted by the General Assembly of 1879, and voted on at the 
township election of April 5, 1880. The total number of votes cast 
at the township election was 380,771 ; the total number of votes cast 
in favor of the amendment was 176,943 ; and the total number of votes 
cast against the amendment was 126,953. In State v. Swift, 69 Ind. 
505, decided at the May term, 1880, the Supreme Court held that the 
amendment had not been adopted because it had not received a ma- 
joiity of the votes cast at the election. Accordingly, the amendment 
was re-submitted to the voters at a special election held on March 14, 
1881. There were 172,915 votes cast at the election, and 126,221 votes 
were cast in favor of the amendment and 36,435 votes were cast against 




41 


ARTICLE 14. 

BOUNDARIES. 

Section 1 . In order that the boundaries of the State 
may be known and established, it is hereby ordained and 
declared, that the State of Indiana is bounded, on the East, 
by the meridian line which forms the western boundary 
of the State of Ohio; on the South, by the Ohio River, from 
the mouth of the Great Miami River to the mouth of the 
Wabash River; on the West, by a line drawn along the 
middle of the Wabash River, from its mouth to a point 
where a due north line, drawn from the town of Vincennes, 
would last touch the northwestern shore of said Wabash 
River; and, thence by a due north line, until the same 
shall intersect an east and west line, drawn through a 
point ten miles north of the southern extreme of Lake 
Michigan; on the North, by said east and west line, until 
the same shall intersect the first mentioned meridian line, 
which forms the western boundary of the State of Ohio. 48 

it. On March 24, 1881, Governor Albei’t G. Porter issued his proclama¬ 
tion declaring the amendment in force. 

Indebtedness created by the improvement or repair of streets does 
not come within this article. Quill v. Indianapolis, 124 Ind. 292 ; New 
Albany v. McCulloch, 127 Ind. 500 ; Cason v. City of Lebanon, 153 
Ind. 567. Bonds issued for the improvement of highways, are not 
debts of the county or township. Smith v. Board, 173 Ind. 364. This 
article applies to bonds issued by cities and towns to build school- 
houses. Town of Winamac v. Huddleston, 132 Ind. 217 ; Wilcoxon v. 
City of Bluffton, 153 Ind. 267. The debt of a school city is not con¬ 
sidered as a part of the corresponding civil city. Heine v. City of 
Terre Haute, 161 Ind. 44 ; Campbell v. City of Indianapolis, 155 Ind. 
186. This issuance of gravel road bonds is not governed by this sec¬ 
tion limiting indebtedness. Brown v. Guthrie, 185 Ind. 669. 

48. The boundaries of Indiana were not fixed by the .adoption of the 
state Constitution, but by Congress, and their x-ecital in the Constitu¬ 
tion is merely a memorandum thereof. Watts v. Evansville, etc. R. 
Co., 123 N. E. 709. Low-water mark on the north side of the Ohio 
river is the southern boundary of the state. Welsh v. State, 126 
Ind. 71. 




42 


Sec. 2. The State of Indiana shall possess jurisdiction, 
and sovereignty co-extensive with the boundaries declared 
in the preceding section; and shall have concurrent juris¬ 
diction, in civil and criminal cases, with the State of Ken¬ 
tucky on the Ohio River, and with the State of Illinois on 
the Wabash River, so far as said rivers form the common 
boundary between this State and said States respectively. 

ARTICLE 15. 

MISCELLANEOUS. 

Section 1 . All officers, whose appointment is not other¬ 
wise provided for in this Constitution, shall be chosen in 
such manner as now is, or hereafter may be, prescribed 
by law. 49 

Sec. 2. When the duration of any office is not provided 
for by this Constitution, it may be declared by law; and, 
if not so declared, such office shall be held during the 
pleasure of the authority making the appointment. But 
the General Assembly shall not create any office, the tenure 
of which shall be long’er than four years. 50 

Sec. 3. Whenever it is provided in this Constitution, or 
in any law which may be hereafter passed, that any officer, 
other than a member of the General Assembly, shall hold 
his office for any given term, the same shall be construed 
to mean that such officer shall hold his office for such term, 
and until his successor shall have been elected and 
qualified. 

Sec. 4. Every person elected or appointed to any office 
under this Constitution shall, before entering on the duties 

49. 'I he legislature can not appoint officers. State v. Hyde, 121 Ind. 
20; State v. Peele, 121 Ind. 495; State v. Gorby, 122 Ind. 17.' 

50. This section does not apply where an office is created but no 
tenure is fixed, Clem v. State, 33 Ind. 418, nor does it prevent an 
olficer from holding over until his successor is elected and qualified. 
State v. Hai’rison, 113 Ind. 434. 






43 


thereof, take an oath of affirmation, to support the Consti¬ 
tution of this State, and of the United States, and also 
an oath of office. 

Sec. 5. There shall be a Seal of the State, kept by the 
Governor for official purposes, which shall be called the 
Seal of the State of Indiana. 

Sec. 6. All commissions shall issue in the name of the 
State, shall be signed by the Governor, sealed by the State 
Seal, and attested by the Secretary of State. 

Sec. 7. No county shall be reduced to an area less than 
four hundred square miles; nor shall any county, under 
that area, be further reduced. 

Sec. 8. No lottery shall be authorized, nor shall the 
sale of lottery tickets be allowed. 

Sec. 9. The following- grounds owned by the State in 
Indianapolis, namely: the State House Square, the Gov¬ 
ernors Circle, and so much of outlot numbered one hun¬ 
dred and forty-seven, as lies north of the arm of the 
Central Canal," 1 shall not be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly, 
to provide for the permanent enclosure and preservation of 
the Tippecanoe Battle Ground. 


ARTICLE 16. 

AMENDMENTS. 

Section 1 . Any amendment or amendments to this 
Constitution, may be proposed in either branch of the 
General Assembly; and, if the same shall be agreed to by 
a majority of the members elected to each of the two 

51. Outlot No. 147 is now Camp Sullivan, popularly known as Mili¬ 
tary Park and is located in the City of Indianapolis. 




44 


houses, such proposed amendment or amendments shall, 
with the yeas and nays thereon, be entered on their jour¬ 
nals, and referred to the General Assembly to be chosen 
at the next general election; and if, in the General As¬ 
sembly so next chosen, such proposed amendment or 
amendments shall be agreed to by a majority of all the 
members elected to each house, then it shall be the duty 
of the General Assembly to submit such amendment or 
amendments to the electors of the State, and if a majority 
of said electors shall ratify the same, such amendment or 
amendments shall become a part of this Constitution. 

Sec. 2. If two or more amendments shall be submitted 
at the same time, they shall be submitted in such manner, 
that the electors shall vote for or against each of such 
amendments separately; and while such an amendment or 
amendments, which shall have been agreed upon by one 
General Assembly, shall be awaiting the action of the suc¬ 
ceeding General Assembly, or of the electors, no additional 
amendment or amendments shall be proposed. 52 

52. A proposed amendment, to be adopted, must be ratified by a ma¬ 
jority of the electors of the State voting at the election at which the 
amendment is submitted. If the amendment is submitted at a general 
election, it must receive a majority of the votes cast at the general 
election, and if submitted at a special election, it must receive a ma¬ 
jority of the votes cast at the special election. State v. Swift, 69 Ind. 
505; In re Denny, 156 Ind. 104; In re Boswell, 179 Ind. 292. If an 
amendment is submitted to the electors and does not receive a ma¬ 
jority of the votes cast, it is rejected. In re Boswell, 179 Ind. 292. 
The legislature has no authority to draft a new constitution or amend¬ 
ments to an existing constitution and submit them to the voters at the 
next general election. Ellingham v. Dye, 178 Ind. 336. 

Under the provisions of Art. XVI, 377 amendments to the Constitu¬ 
tion have been proposed since 1851. Many of these amendments were 
identical in the purpose they were designed to attain and accordingly 
compai-atively few actually dissiniilar amendments have been suggested. 
Of the 377 amendments proposed, 249 were defeated in the House in 
which they were introduced ; 38 were adopted by the House in which 
they were introduced but were defeated in the second House; 38 were 
adopted by both Houses of one General Assembly but were defeated 




45 


SCHEDULE. 

This Constitution, if adopted, shall take effect on the 
first day of November, in the year one thousand eight hun¬ 
dred and fifty-one, and shall supersede the Constitution 
adopted in the year one thousand eight hundred and six¬ 
teen. That no inconvenience may arise from the change 
in the government, it is hereby ordained as follows: 

First. All laws now in force, and not inconsistent with 
this Constitution, shall remain in force, until they expire 
or be repealed. 

in the first House in which they were reconsidered at the succeeding 
General Assembly; 27 were adopted by both Houses of one General 
Assembly and by the first House by which they were reconsidered at 
the succeeding General Assembly, but were defeated in the second 
House; 9 have been ratified by the voters and incorporated in the Con¬ 
stitution ; and 16 submitted to the voters have been rejected. 

Following are the amendments which have been submitted to the 
voters, giving the date of the election, the vote for and the vote 
against. All were defeated because they did not receive a majority of 
the votes cast at the election at which they were submitted or because 
the negative was larger than the affirmative vote. 

.Lawyers' qualifications, Nov. 6, 1900: For, 240,031 ; against, 144,072. 
Supreme Court Membership, Nov. 6, 1900: For, 314,710; against, 

178,960. 

Lawyers’ qualifications, Nov. 6, 1906: For, 39,061; against, 12,128. 
Lawyers’ qualifications, Nov. 8, 1910: For, 60,357; against, 18,494. 
Registration of voters. Sept. 6, 1921 : For, 90,269 ; against, 110,333. 
Enumeration and apportionment. Sept. 6, 1921: For, 76,963; against, 
117,890. 

Veto of appropriations, Sept. 6, 1921 : For, 83,265 ; against, 101,790. 
State officers’ terms, Sept. 6, 1921: For, 74,177; against, 113,300. 
County officers’ terms, Sept. 6, 1921: For, 82,389; against, 115,139. 
Prosecuting attorneys’ terms. Sept. 6, 1921: For, 76,587 ; against, 

116,683. 

Lawyers’ qualifications, Sept. 6, 1921 : For, 78,431 ; against, 117,479. 
State Superintendent, Appointment, Sept. 6, 1921 : For, 46,023 ; against, 
149,294. 

Taxation, Sept. 6, 1921: For, 31,786; against, 166,186. 

Income tax. Sept. 6, 1921: For, 39,005; against, 157,827. 

Militia, Sept. 6, 1921 : For, 55,027 ; against, 142,909. 

Salaries, Increase, Sept. 6, 1921: For, 80,191; against, 117,140. 



46 


Second. All indictments, prosecutions, suits, pleas, 
plaints, and other proceedings, pending in any of the 
courts, shall be prosecuted to final judgment and execu¬ 
tion; and all appeals, writs of error, certiorari, and in¬ 
junctions, shall be carried on in the several courts, in the 
same manner as is now provided by law. 

Third. All fines, penalties, and forfeitures, due or ac¬ 
cruing to the State, or to any county therein, shall inure 
to the State, or to such county, in the manner prescribed 
by law. All bonds executed to the State, or to any officer, 
in his official capacity, shall remain in force and inure to 
the use of those concerned. 

Fourth. All acts of incorporation for municipal pur¬ 
poses shall continue in force under this Constitution, until 
such time as the General Assembly, shall, in its discretion, 
modify or repeal the same. 

Fifth. The Governor, at the expiration of the present 
official term, shall continue to act, until his successor shall 
have been sworn into office. 

Sixth. There shall be a session of the General Assembly, 
commencing on the first Monday in December, in the year 
one thousand eight hundred and fifty-one. 

Seventh. Senators now in office and holding over, under 
the existing Constitution, and such as may be elected at 
the next general election, and the Representatives then 
elected, shall continue in office until the first general elec¬ 
tion under this Constitution. 

Eighth. The first general election under this Consti¬ 
tution, shall be held in the year one thousand eight hun¬ 
dred and fifty-two. 

Ninth. The first election for Governor, Lieutenant- 
Governor, Judges of the Supreme Court and Circuit 
Courts, Clerk of the Supreme Court, Prosecuting Attor¬ 
neys, Secretary, Auditor and Treasurer of State, and State 
Superintendent of Public Instruction, under this Constitu- 


47 


tion, shall be held at the general election in the year one 
thousand eight hundred and fifty-two; and such of said 
officers as may be in office when this Constitution shall go 
into effect, shall continue in their respective offices, until 
their successors shall have been elected and qualified. 

Tenth. Every person elected by popular vote, and now 
in any office which is continued by this Constitution, and 
every person who shall be so elected to any such office be¬ 
fore the taking effect of this Constitution (except as in 
this Constitution otherwise provided), shall continue in 
office, until the term for which such person has been, or 
may be, elected, shall expire: Provided , That no such per¬ 
son shall continue in office, after the taking effect of this 
Constitution, for a longer period than the term of such 
office in this Constitution prescribed. 

Eleventh. On the taking effect of this Constitution, all 
officers thereby continued in office, shall, before proceeding 
in the further discharge of their duties, take an oath or 
affirmation to support this Constitution. 

Twelfth. All vacancies that may occur in existing of¬ 
fices, prior to the first general election under this Consti¬ 
tution, shall be filled in the manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution 
to the electors, for their approval or disapproval, the ar¬ 
ticle numbered thirteen, in relation to Negroes and 
Mulattoes, shall be submitted as a distinct proposition, in 
the following form: “Exclusion and Colonization of 
Negroes and Mulattoes,” “Aye” or “No.” And if a major¬ 
ity of the votes cast shall be in favor of said article, then 
the same shall form a part of this Constitution; otherwise, 
it shall be void, and form no part thereof. 

Fourteenth. No Article or section of this Constitution 
shall be submitted as a distinct proposition, to a vote of 
the electors, otherwise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the 
counties of Perry and Spencer, shall deem it expedient to 


48 


form, of the contiguous territory of said counties, a new 
county, it shall be the duty of those interested in the or¬ 
ganization of such new county, to lay off the same, by 
proper metes and bounds, of equal portions, as nearly as 
practicable, not to exceed one-third of the territory of each 
of said counties. The proposal to create such new county 
shall be submitted to the voters of said counties, at a gen¬ 
eral election, in such manner as shall be prescribed by law. 
And if a majority of all the votes given at said election, 
shall be in favor of the organization of said new county, 
it shall be the duty of the General Assembly to organize 
the same, out of the territory thus designated. 

Sixteenth. The General Assembly may alter or amend 
the charter of Clarksville, and make such regulations as 
may be necessary for carrying into effect the objects con¬ 
templated in granting the same; and the funds belonging 
to said town shall be applied, according to the intention 
of the grantor. 

Done in Convention, at Indianapolis, the tenth day of 
February, in the year of our Lord one thousand eight hun¬ 
dred and fifty-one; and of the Independence of the United 
States, the seventy-fifth. 


Constitution of the United States, 1789* 


PREAMBLE. 

We, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran¬ 
quility, provide for the common defense, promote the gen¬ 
eral welfare, and secure the blessings of liberty to our¬ 
selves and our posterity, do ordain and establish this 
CONSTITUTION FOR THE UNITED STATES OF 
AMERICA. 


ARTICLE I. 

Section 1. All legislative powers herein granted shall 
be vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 

Sec. 2. The House of Representatives shall be com¬ 
posed of members chosen every second year by the people 
of the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State in which he 
shall be chosen. 

[Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers, which 

^Drafted by a convention which met at Philadelphia on May 25 and 
adjourned on September 17, 1787. The Constitution became operative 
when ratified by 9 of the 13 states. The government created by the 
Constitution began operations on March 4, 1789. All parts enclosed 
in brackets have been superseded by later amendments. 


( 49 ) 




50 


shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three-fifths of all 
other persons.] The actual enumeration shall be made 
within three years after the first meeting of the Congress 
of the United States, and within every subsequent term of 
ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every 
thirty thousand; but each. State shall have at least one 
Representative; and until such enumeration shall be made, 
the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence 
Plantations one, Connecticut five, New York six, New Jer¬ 
sey four, Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

When vacancies happen in the representation from any 
State, the Executive authority thereof shall issue writs of 
election to fill such vacancies. 

The House of Representatives shall choose their Speaker 
and other officers; and shall have the sole power of im¬ 
peachment. 

Sec. 3. [The Senate of the United States shall be com¬ 
posed of two Senators from each State, chosen by the Leg¬ 
islature thereof, for six years; and each Senator shall have 
one vote.] 

Immediately after they shall be assembled in conse¬ 
quence of the first election, they shall be divided as equally 
as may be into three classes. The seats of the Senators 
of the first class shall be vacated at the expiration of the 
second year, of the second class at the expiration of the 
fourth year, and of the third class at the expiration of 
the sixth year, so that one-third may be chosen every sec¬ 
ond year; and if vacancies happen by resignation, or other¬ 
wise, during the recess of the Legislature of any State, 
the Executive thereof may make temporary appointments 


51 


[until the next meeting of the Legislature, which shall 
then fill such vacancies.] 

No person shall be a Senator who shall not have at¬ 
tained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen. 

The Vice-President of the United States shall be Presi¬ 
dent of the Senate, but shall have no vote, unless they 
be equally divided. 

The Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-Presi¬ 
dent, or when he shall exercise the office of President of 
the United States. 

The Senate shall have the sole power to try all impeach¬ 
ments. When sitting for that purpose, they shall be on 
oath or affirmation. When the President of the United 
States is tried, the Chief Justice shall preside: and no 
person shall be convicted without the concurrence of two- 
thirds of the members present. 

Judgment in cases of impeachment shaW not extend fur¬ 
ther than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit under 
the United States: but the party convicted shall neverthe- 
less be liable and subject to indictment, trial, judgment, 
and punishment, according to law. 

Sec. 4. The times, places, and manner of holding elec¬ 
tions for Senators and Representatives shall be prescribed 
in each State by the Legislature thereof; but the Congress 
may at any time, by law, make or alter such regulations, 
except as to the places of choosing Senators. 

The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in Decem¬ 
ber, unless they shall by law appoint a different day. 

Sec. 5. Each House shall be the judge of the elections, 
returns, and qualifications of its own members, and a ma- 


52 


jority of each shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent 
members, in such manner, and under such penalties, as 
each House may provide. 

Each House may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member. 

Each House shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts 
p,s may in their judgment require secrecy; and the yeas 
and nays of the members of either House on any question 
shall, at the desire of one-fifth of those present, be entered 
on the journal. 

Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting. 

Sec. G. The Senators and Representatives shall receive 
a compensation for their services, to be ascertained by law, 
and paid out of the treasury of the United States. They 
shall in all cases, except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at 
the session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate in 
either House, they shall not be questioned in any other 
place. 

No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been in¬ 
creased during such time; and no person holding any office 
under the United States, shall be a member of either 
House during his continuance in office. 


53 


Sec. 7. All bills for raising- revenues shall originate in 
the House of Representatives; but the Senate may propose 
or concur with amendments as on other bills. 

Every bill which shall have passed the House of Repre¬ 
sentatives and the Senate, shall, before it become a law, 
be presented to the President of the United States; if he 
approve he shall sign it, but if not he shall return it, with 
his objections, to that House in which it shall have origi¬ 
nated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If after such recon¬ 
sideration two-thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsidered, and 
if approved by two-thirds of that House, it shall become 
a law. But in all such cases the votes of both Houses shall 
be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on 
the journal of each House respectively. If any bill shall 
not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed it, 
unless the Congress, by their adjournment prevent its 
return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be neces¬ 
sary (except on a question of adjournment), shall be pre¬ 
sented to the President of the United States; and before 
the same shall take effect, shall be approved by him, or, 
being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Sec. 8. The Congress shall have power to lay and col¬ 
lect taxes, duties, imposts, and excises to pay the debts, 
and provide for the common defense and general welfare 
of the United States; but all duties, imposts, and excises 
shall be uniform throughout the United States; 


5—20889 


54 


To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes; 

To establish an uniform rule of naturalization, and uni¬ 
form laws on the subject of bankruptcies, throughout the 
United States; 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the se¬ 
curities and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the 
exclusive right to their respective writings and discov¬ 
eries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water; 

To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than two 
years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the 
land and naval forces; 

To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel 
invasions; 

To provide for organizing, arming, and disciplining the 
militia, and for the governing such part of them as may be 
employed in the service of the United States, reserving to 
the States, respectively, the appointment of the officers and 
the authority of training the militia according to the dis¬ 
cipline prescribed by Congress; 


55 


To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, 
by cession of particular States, and the acceptance of Con¬ 
gress, become the seat of the government of the United 
States; and to exercise like authority over all places pur¬ 
chased by the consent of the Legislature of the State in 
which the same shall be, for the erection of forts, maga¬ 
zines, arsenals, dock-yards, and other needful buildings; 
and 

To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the government 
of the United States, or in any department or officer 
thereof. 

Sec. 9. The migration or importation of such persons 
as any of the States now existing shall think proper to 
admit shall not be prohibited by the Congress prior to the 
year one thousand eight hundred and eight, but a tax or 
duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the 
public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

No tax or duty shall be laid on articles exported from 
any State. 

No preference shall be given by any regulation of com¬ 
merce or revenue to the ports of one State over those of 
another; nor shall vessels bound to, or from one State, be 
obliged to enter, clear, or pay duties in another. 

No money shall be drawn from the treasury but in con¬ 
sequence of appropriations made by law; and a regular 


56 


statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

No title of nobility shall be granted by the United 
States: and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, ac¬ 
cept of any present, emolument, office, or titje, of any kind 
whatever, from any king, prince, or foreign State. 

Sec. 10. No State shall enter into any treaty, alliance, 
or confederation; grant letters of marque and reprisal; 
coin money; emit bills of credit; make any thing but gold 
and silver coin a tender in payment of debts; pass any bill 
of attainder, ex post facto law, or law impairing the obli¬ 
gation of contracts; or grant any title of nobility. No 
State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may 
be absolutely necessary for executing its inspection laws: 
and the net produce of all duties and imposts, laid by any 
State on imports or exports shall be for the use of the 
treasury of the United States; and all such laws shall be 
subject to the revision and control of the Congress. No 
State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, 
enter into any agreement or compact with another State, 
or with a foreign power, or engage in war, unless actually 
invaded, or in such imminent danger as will not admit of 
delay. 


ARTICLE II. 

Section 1 . The executive power shall be vested in a 
President of the United States of America. He shall hold 
his office during the term of four years, and, together 
with the Vice-President, chosen for the same term, be 
elected, as - follows: 

Each State shall appoint, in such manner as the Legis¬ 
lature thereof may direct, a number of electors, equal to 


57 


the whole number of Senators and Representatives to 
which the State may be entitled in the Congress: But no 
Senator or Representative, or person holding an office of 
trust or profit under the United States, shall be appointed 
an elector. 

[The electors shall meet in their respective States, and 
vote by ballot for two persons, of whom one at least shall 
not be an inhabitant of the same State with themselves. 
And they shall make a list of all the persons voted for, and 
of the number of votes for each; which list they shall sign 
and certify, and transmit sealed to the seat of the govern¬ 
ment of the United States, directed to the President of the 
Senate. The President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The per¬ 
son having the greatest number of votes shall be the Presi¬ 
dent, if such number be a majority of the whole number 
of electors appointed; and if there be more than one who 
have such majority, and have an equal number of votes, 
then the House of Representatives shall immediately 
choose by ballot one of them for President; and if no per¬ 
son have a majority, then from the five highest on the 
list the said House shall in like manner choose the Presi¬ 
dent. But in choosing the President, the votes shall be 
taken by States, the Representation from each State hav¬ 
ing one vote; a quorum for this purpose shall consist of 
a member or members from two-thirds of the States, and 
a majority of all the States shall be necessary to a choice. 
In every case, after the choice of the President, the person 
having the greatest number of votes of the electors shall 
be the Vice-President. But if there should remain two 
or more who have equal votes, the Senate shall choose 
from them by ballot the Vice-President.] 

The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States. 


58 


No person except a natural-born citizen, or a citizen of 
the United States, at the time of the adoption of this Con¬ 
stitution, shall be eligible to the office of President; neither 
shall any person be eligible to that office who shall not have 
attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
Vice-President; and the Congress may by law provide for 
the case of removal, death, resignation, or inability, both 
of the President and Vice-President, declaring what officer 
shall then act as President, and such officer shall act ac¬ 
cordingly, until the disability be removed, or a President 
shall be elected. 

The President shall, at stated times, receive for his serv¬ 
ices, a compensation, which shall neither be increased nor 
diminished during the period for which he shall have been 
elected; and he shall not receive, within that period, any 
other emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shall 
take the following oath or affirmation: 

“I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and 
will, to the best of my ability, preserve, protect and de¬ 
fend the Constitution of the United States.” 

Sec. 2. The President shall be Commander-in-Chief of 
the army and navy of the United States, and of the militia 
of the several States, when called into the actual service 
of the United States. He may require the opinion, in writ¬ 
ing, of the principal officer in each of the executive depart¬ 
ments, upon any subject relating to the duties of their re¬ 
spective offices, and he shall have power to grant reprieves 
and pardons for offenses against the United States, except 
in cases of impeachment. 


59 


He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the 
Senators present concur; and he shall nominate, and, by 
and with the advice and consent of the Senate, shall ap¬ 
point ambassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other officers of the 
United States whose appointments are not herein other¬ 
wise provided for and which shall be established by law: 
but tbe Congress may by law vest the appointment of such 
inferior officers as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end of 
their next session. 

Sec. 3. He shall from time to time give to the Congress 
information of the state of the Union, and recommend to 
their consideration such measures as he shall judge nec¬ 
essary and expedient; he may, on extraordinary occasions, 
convene both houses, or either of them, and in case of dis¬ 
agreement between them, with respect to the time of ad¬ 
journment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and other pub¬ 
lic ministers; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United 
States. 

Sec. 4. The President, Vice-President, and all civil offi¬ 
cers of the United States shall be removed from office on 
impeachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States 
shall be vested in one Supreme Court, and in such inferior 


60 


courts as the Congress may, from time to time, ordain and 
establish. The judges, both of the Supreme and inferior 
courts, shall hold their offices during good behavior; and 
shall, at stated times, receive for their services a compen¬ 
sation which shall not be diminished during their continu¬ 
ance in office. 

Sec. 2. The judicial power shall extend to all cases, in 
law and equity, arising under this Constitution, the laws 
of the United States, and treaties made, or which shall be 
made, under their authority; to all cases affecting ambas¬ 
sadors, other public ministers, and consuls; to all cases of 
admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to controversies 
between two or more States; between a State and citizens 
of another State, between citizens of different States, be¬ 
tween citizens of the same State claiming lands under 
grants of different States, and between a State, or the cit¬ 
izens thereof, and foreign States, citizens or subjects. 

In all cases affecting ambassadors, other public min¬ 
isters, and consuls, and those in which a State shall be 
party, the Supreme Court shall have original jurisdiction. 
In all the other cases before mentioned, the Supreme Court 
shall have appellate jurisdiction, both as to law and fact, 
with such exceptions, and under such regulations as the 
Congress shall make. 

The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trial shall be held in the State 
where the said crimes shall have been committed; but when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

Sec. 3. Treason against the United States shall consist 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be 
convicted of treason, unless on the testimony of two wit¬ 
nesses to the same overt act, or on confession in open 
court. 


61 


The Congress shall have power to declare the punish¬ 
ment of treason; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life 
of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each 
State to the public acts, records, and judicial proceedings 
of every other State; and the Congress may by general 
laws prescribe the manner in which such acts, records, and 
proceedings shall be proved, and the effect thereof. 

Sec. 2. The citizens of each State shall be entitled to 
all privileges and immunities of citizens in the several 
States. 

A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another State, shall, on demand of the executive authority 
of the State from which he fled, be delivered up, to be re¬ 
moved to the State having jurisdiction of the crime. 

No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in conse¬ 
quence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up, on 
claim of the party to whom such service or labor may be 
due. 

Sec> 3. New States may be admitted by the Congress 
into this Union; but no new State shall be formed or 
erected within the jurisdiction of any other State; nor 
any State be formed by the junction of two or more States 
or parts of States, without the consent of the Legislatures 
of the States concerned as well as of the Congress. 

The Congress shall have power to dispose of, and make 
all needful rules and regulations respecting the territory 
or other property belonging to the United States; and 


62 


nothing in this Constitution shall be so construed as to 
prejudice any claims of the United States, or of any par¬ 
ticular State. 

Sec. 4. The United States shall guarantee to every 
State in this Union a republican form of government, and 
shall protect each of them against invasion; and, on appli¬ 
cation of the Legislature, or of the Executive (when the 
Legislature can not be convened), against domestic 
violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Con¬ 
stitution, or, on the application of the Legislatures of two- 
thirds of the several States, shall call a convention for pro¬ 
posing amendments; which, in either case, shall be valid, 
to all intents and purposes, as part of this Constitution, 
when ratified by the Legislatures of three-fourths of the 
several States, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be pro¬ 
posed by the Congress: Provided , That no amendment, 
which may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and 
fourth clauses in the ninth section of the first article; and 
that no State, without its consent, shall be deprived of its 
equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted, and engagements entered into, be¬ 
fore the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as 
under the confederation. 

This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 


63 


United States, shall be the supreme law of the land; and 
the judges in every State shall be bound thereby, anything 
in the Constitution or laws of any State to the contrary 
notwithstanding. 

The Senators and Representatives before mentioned, and 
the members of the several State Legislatures, and all 
executive and judicial officers, both of the United States 
and of the several States, shall be bound by oath or af¬ 
firmation, to support this Constitution; but no religious 
test shall ever be required as a qualification to any office 
or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States, shall 
be sufficient for the establishment of this Constitution be¬ 
tween the States so ratifying the same. 


ARTICLES IN AMENDMENT OF THE CONSTI¬ 
TUTION. 1 

ARTICLE I. 

Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech, or of the press; or the 
right of the people peaceably to assemble and to petition 
the government for a redress of grievances. 

ARTICLE II. 

A well regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms, shall not be infringed. 

1. The first ten amendments were proposed by Congress on Sep¬ 
tember 25, 1789, and were declared ratified in 1791. 




64 


ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of 
war but in a manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects against unreasonable searches 
and seizures shall not be violated; and no warrants shall 
issue, but upon probable cause, supported by oath or affir- 
' mation, and particularly describing the place to be 
searched and the persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital or other¬ 
wise infamous crime, unless on a presentment or indict¬ 
ment by a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service in 
time of war or public danger; nor shall any person be sub¬ 
ject for the same offense to be twice put in jeopardy of life 
or limb; nor shall be compelled, in any criminal case, to 
be a witness against himself; nor be deprived of life, 
liberty, or property without due process of law; nor shall 
private property be taken for public use, without just 
compensation. 


ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been 
committed (which district shall have been previously 
ascertained by law), and to be informed of the nature and 
cause of the accusation; to be confronted with the wit¬ 
nesses against him; to have compulsory process for ob- 


65 


taining witnesses in his favor; and to have the assistance 
of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact, tried by a jury, shall be other¬ 
wise re-examined, in any court of the United States, than 
according to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration, in the Constitution, of certain rights 
shall not be construed to deny or disparage others retained 
by the people. 


ARTICLE X. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re¬ 
served to the States, respectively, or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be con¬ 
strued to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by citizens 
of another State or by citizens or subjects of any foreign 
State. 2 

2. Submitted by Congress on March 5, 1794, and declared adopted 
on January 8, 1798. 



66 


ARTICLE XII. 

The electors shall meet in their respective States, and 
vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same 
State with themselves; they shall name in their ballots the 
person voted for as President, and in distinct ballots the 
person voted for as Vice-President; and they shall make 
distinct lists of all persons voted for as President, and of 
all persons voted for as Vice-President, and of the number 
of votes for each; which lists they shall sign and certify, 
and transmit, sealed, to the seat of the government of the 
United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certif¬ 
icates, and the votes shall then be counted. The person 
having the greatest number of votes for President shall be 
the President, if such number be a majority of the whole 
number of electors appointed; and if no person have such 
majority, then, from the persons having the highest num¬ 
bers, not exceeding three, on the list of those voted for as 
President, the House of Representatives shall choose im¬ 
mediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the represen¬ 
tation from each State having one vote; a quorum for this 
purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representa¬ 
tives shall not choose a President, whenever the right of 
choice shall devolve upon them, before the fourth day of 
March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitu¬ 
tional disability of the President. 

The person having the greatest number of votes as Vice- 
President, shall be the Vice-President, if such number be 
a majority of the whole number of electors appointed; and 
if no person have a majority, then, from the two highest 


67 


numbers on the list, the Senate shall choose the Vice-Presi¬ 
dent; a quorum for the purpose shall consist of two-thirds 
of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. 

But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the 
United States. 3 

ft 

ARTICLE XIII. 

Section 1 . Neither slavery nor involuntary servitude, 
except as a punishment for crime, whereof the party shall 
have been duly convicted, shall exist within the United 

States, or any place subject to their jurisdiction. 

< 

Sec. 2. Congress shall have power to enforce this ar¬ 
ticle by appropriate legislation. 4 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State wherein they 
reside. No State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of 
the United States; nor shall any State deprive any person 
of life, liberty, or property, without due process of law; 
nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Sec. 2. Representatives shall be apportioned among the 
several States according to their respective numbers, 
counting the whole number of persons in each State, ex¬ 
cluding Indians not taxed. But when the right to vote at 

3. Submitted by Congress on December 12, 1803, declared in force 
on September 25, 1804. 

4. Submitted by Congress on February 1, 1865, declared in force 
December 18, 1865. 



68 


any election for the choice of electors for President and 
Vice-President of the United States, Representatives in 
Congress, the executive and judicial officers of a State, or 
the members of the Legislature thereof, is denied to any of 
the male inhabitants of such State, being twenty-one years 
of age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Sec. 3. No person shall be a Senator or Representative 
in Congress, or elector of President and Vice-President, or 
hold any office, civil or military, under the United States, 
or under any State, who, having previously taken an oath, 
as a member of Congress, or as an officer of the United 
States, or as a member of any State Legislature, or as an 
executive or judicial officer of any State, to support the 
Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same or given aid or 
comfort to the enemies thereof. But Congress may, by a 
vote of two-thirds of each house, remove such disability. 

Sec. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for 
payment of pensions and bounties for services in suppress¬ 
ing insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume or 
pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, obli¬ 
gations, and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 5 

5. Submitted by Congress on June 16, 1866, declared in force July 
28, 1868. 




69 


ARTICLE XV. 

Section 1 . The right of the citizens of the United 
States to vote shall not be denied or abridged by the 
United States or by any State, on account of race, color, 
or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this 
article by appropriate legislation. 6 

ARTICLE XVI. 

The Congress shall have power to lay and collect taxes 
on incomes, from whatever source derived, without appor¬ 
tionment among the several States, and without regard to 
any census or enumeration. 7 

ARTICLE XVII. 

Section 1. The Senate of the United States shall be 
composed of two Senators from each State, elected by the 
people thereof, for six years; and each Senator shall have 
one vote. The electors in each State shall have the quali¬ 
fications requisite for electors of the most numerous branch 
of the state legislatures. When vacancies happen in the 
representation of any State in the Senate, the executive 
authority of such State shall issue writs of election to fill 
such vacancies: Provided, That the Legislature of any 
State may empower the executive thereof to make tempo¬ 
rary appointments until the people fill the vacancies by 
election as the Legislature may direct. 

This amendment shall not be so construed as to affect 
the election or term of any Senator chosen before it be¬ 
comes valid as part of the constitution. 8 

6. Submitted by Congress on February 27, 1869, declared in force 
March 30, 1870. 

7. Submitted by Congress on July 12, 1909, declared in force Febru¬ 
ary 25, 1913. 

8. Submitted by Congress on May 16, 1912, declared in force May 
31, 1913. 



70 


ARTICLE XVIII. 

Section 1. After one year from the ratification of this 
article the manufacture, sale, or transportation of intoxi¬ 
cating liquors within, the importation thereof into, or the 
exportation thereof from the United States and all terri¬ 
tory subject to the jurisdiction thereof for beverage pur¬ 
poses is hereby prohibited. 

Sec. 2. The' 1 congress and the several states shall have 
concurrent power to enforce this article by appropriate 
legislation. 

Sec. 3. This article shall be inoperative unless it shall 
have been ratified as an amendment to the Constitution by 
the legislatures of the several states, as provided in the 
Constitution, within seven years from the date of the sub¬ 
mission hereof to the states by the Congress. 9 

ARTICLE XIX. 

Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States 
or by any state on account of sex. 

Sec. 2. Congress shall have power, by appropriate leg¬ 
islation to enforce the provisions of this article. 10 

9. Submitted by Congress on December 19, 1917, declared in force 
January 29, 1919. 

10. Submitted by Congress on June 5, 1919, declared in force 
August 26, 1920. 








































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